Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

 
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Entries in Divorce (1)

Friday
May102013

Divorce and Patents

In Taylor v. Taylor Made Plastics, 2013 WL 1798964 (USDC MD FL, 2013), Judge Kovachevich dismissed the plaintiff's patent infringement lawsuit because the plaintiff, one of the joint owners Mr. Taylor, failed to join all other co-owners (i.e. Mr. Taylor's ex-wife, Ms. Taylor).

Two things to take from this case:

  1. Before bringing suit for patent infringement or answering a complaint, investigate if all of the owners have been joined, , especially when the plaintiff is an individual and may be divorced; and
  2. When drafting a divorce settlement (or any other redistribution of property) involving a patent as marital property, address the issue of ownership of patents and other IP explicitly and consider the distributions affect on standing;  compare Enovsys LLC v. Nextel Communications, Inc., 614 F.3d at 1335-36.

by Loren Pearson