State Court Patent Ownership Judgment Not Subject To Collateral Review
Client Alert | 1 min read | 02.26.07
In MyMail, Ltd. v. America Online, Inc., (No. 06-1147, -1172; February 20, 2007), the Federal Circuit affirms the district court's denial of a collateral attack on the ownership of the patent due to fraud. MyMail obtained ownership of the patent by assignment. The assignee obtained the patent application through a state court foreclosure action on a promissory note secured by the application. America Online asserts that the promissory note is fraudulent and this issue is subject to de novo review by federal courts. Distinguishing fraud relating to procurement of a patent, which bears on the enforceability, the Federal Circuit holds that fraud relating to ownership does not affect enforceability and is a state law issue. Since there is an enforceable state court judgment of ownership, that can be challenged only in limited circumstances, fraud in ownership is not subject to de novo review by federal courts.
Insights
Client Alert | 2 min read | 04.16.26
In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief. In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more.
Client Alert | 4 min read | 04.16.26
ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
Client Alert | 4 min read | 04.15.26
Client Alert | 2 min read | 04.15.26
Who Invented That? When AI Writes the Code, Patent Validity Issues May Follow
