Free Order - District Court of Delaware - Delaware

Case 1 :04-cv-01285-GIVIS Document 107 Filed 03/06/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ENZON PHARMACEUTICALS, INC., )
_ Plaintiff, i
V- g l Civil Action No. O4-1285-GMS
PHOENIX PHARMACOLOGICS, INC., §
Defendant. g
· ORDER CORRECTING INVENTORSHIP
OF U.S. PATENT 6,183,738 PURSUANT TO 35 U.S.C. § 256 11 2
WHEREAS, plaintiff Enzon Pharmaceuticals, Inc. ("Enzon") filed this action for
correction ofinventorship under 35 U.S.C. § 256 il 2 ofU.S. Patent No. 6,183,738 ("the
’7 38 patent") against defendant Phoenix Pharmacologics, Inc. ("Phoenix");
WHEREAS, the inventor on the face of the ’738 Patent is Dr. Mike Clark, who
was employed by Enzon from on or about April 29, 1994 to on or about April 22, 1996;
WHEREAS, Dr. Clark founded Phoenix after leaving Enzon and was an
employee of Phoenix until on or about July 23, 2004;
WHEREAS, while he was an employee of Phoenix, Dr. Clark assigned to
Phoenix all of his right, title, and interest in and to the ’738 patent by assignment dated
May 11, 1998, duly recorded in the assignment records of the U.S. Patent and Trademark
Office at Reel 009198 Frame 0451;
WHEREAS, defendant Phoenix presently owns all right, title, and interest in and
to the ’738 Patent;
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Case 1 :04-cv—01285-GIVIS Document 107 Filed 03/06/2006 Page 2 of 2
WHEREAS, the parties to the action have taken and completed fact discovery
concerning the inventorship issues raised by the Complaint;
lb WHEREAS, Enzon submits that inventorship of the ’738 Patent should be
corrected pursuant to 35 U.S.C. § 256 *,1 2 to include as additional inventors along with
Dr. Clark (i) Stanford Lee (an Enzon employee from on or about June 6, 1991 to on or
about July 31, 2002) and (ii) David R. Filpula (an Enzon employee from on or about
January 18, 1983 to the present);
WHEREAS, Phoenix does not object to the change in inventorship sought by
Enzon.
NOW THEREFORE, at Wilmington this Lkday of , 2006, there
being good cause to order that inventorship of the ’738 Patent should be corrected
pursuant to 35 U.S.C. § 256 11 2 to include as additional inventors Stanford Lee and David
R. Filpula, IT IS HEREBY ORDERED that:
1. The inventorship of U.S. Patent 6,183,738 shall be corrected pursuant to
35 U.S.C. § 256 it 2 to include as additional inventors Stanford Lee and David R. Filpula.
2. The Clerk of the Court shall transmit a copy of this Order to the Director
of the U.S. Patent and Trademark Office.
43 4 lt {QD
F I L E D Unite S ate District Judge
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