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Fina Technology, Inc. v. Ewen

Order directing Director of Patents and Trademarks to issue a certificate of correction reversing the order of inventors on two patents owned by plaintiffs vacated because, while courts have the power to correct the addition of a non-inventor or the omission of an inventor in an issued patent, they do not have the authority to change the order of inventors.

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Appeal from: United States District Court for the Northern District of Texas

Judge Joe Kendall

Fina Technology, Inc. and Fina Oil and Chemical Co. (“Fina”) are the owners of United States Patent Nos. 4,892,851 (“the ’851 patent”) and 5,476,914 (“the ’914 patent”). The patents are directed to a certain type of polypropylene technology. Both patents list Dr. John A. Ewen as the first inventor, followed by Dr. Abbas Razavi as the second inventor. In December of 1993, Fina brought a declaratory judgment action against Dr. Ewen in the United States District Court for the Northern District of Texas. In its suit, Fina sought, inter alia, a declaratory judgment that the inventorship designation on the ’851 patent was correct. Subsequently, Dr. Razavi intervened in the case. When the ’914 patent issued in 1995, Fina added it to its suit. Eventually, the parties entered into a settlement agreement in order to resolve the case. Thereafter, the district court entered an order and judgment to effectuate the terms of the settlement agreement as it understood them. In the order and judgment, the court dismissed Fina’s suit with prejudice. The court also ordered the Director of Patents and Trademarks *fn1 to issue a certificate of correction pursuant to 35 U.S.C. � 256 (Supp. V 1999) for the ’851 and ’914 patents, reversing the order of inventors. Fina Oil & Chem. Co. v. Ewen, 3:93-CV-2529-X (N.D. Tex. Sept. 11, 2001) (“Fina II”).

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