Author:
Nathan Zwartz
September 28, 2026
On April 2, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed summary judgment invalidating two patents based on improper inventorship. The decision arose from Fortress Iron, LP v. Digger Specialties, Inc., No. 2024-2313 (Fed. Cir. Apr. 2, 2026). In a case of first impression, the Court addressed whether an omitted coinventor is a “party concerned” under §?256(b). The Court held that omission of an undisputed joint inventor rendered the patents invalid where correction under the statute was not possible.<... Read more