Bradley M. Krul

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The U.S. Court of Appeals for the Federal Circuit is currently considering a petition for en banc rehearing of the “automatic patent assignment” rule announced in the Court’s 1991 decision in FilmTec Corp. v. Allied-Signal, Inc. See Alexander Shukh v. Seagate Tech. (Fed. Cir. 2015) (en banc petition). In FilmTec, the Federal Circuit determined that a contract that assigns (i.e., “do hereby assign”) potential future inventions from an employee/inventor to an employer is an effective transfer…