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Chou v. University of Chicago

Holding that plaintiff did not have standing to sue for correction of inventorship reversed because court was in error; claims for certain relief reinstated against some defendants because court erred in holding that plaintiff had failed to state a cause of action; decision striking allegations of academic theft and fraud affirmed; request for reassignment to different judge declined.

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Appealed from: United States District Court for the Northern District of Illinois Judge James B. Zagel

Joany Chou appeals from the decision of the United States District Court for the Northern District of Illinois granting Bernard Roizman and Aviron Company’s motions to dismiss her claims for correction of inventorship, declaratory judgment of inventorship, fraud, breach of fiduciary duty, unjust enrichment, breach of express contract, and breach of implied contract. Chou v. Univ. of Chicago, No. 99-C4495, 2000 U.S. Dist. LEXIS 2002 (N.D. Ill. Feb. 18, 2000) (“Chou”). Chou also seeks reinstatement of those same claims against the University of Chicago (“University”). Because the district court erred in its determination that Chou did not have standing to sue for correction of inventorship under 35 U.S.C. � 256, we reverse its judgment as to that claim. We also reverse the court’s dismissal of most of her state law claims against Roizman and direct the court to reinstate certain of her state law claims against the University. However, we affirm that court’s dismissal of her breach of express contract claim against Roizman and of all her remaining claims against Aviron. We also affirm the court’s grant of Roizman’s motion to strike her allegations of academic theft and fraud. Finally, we reject Chou’s attempt to have her case reassigned to another district court judge. We therefore affirm-in-part, reverse-in-part, and remand.

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