By: Darren Crew

In Sky Technologies LLC v. SAP AG and SAP America, Inc., No. 08-1606 (Fed. Cir. August 20, 2009), the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s ruling that patent ownership was properly transferred by operation of state foreclosure law without a writing. Thus, Sky Technologies LLC was given clear title to the patents-in­suit and therefore standing in the underlying case. This decision by the U.S. Court of Appeals for the Federal Circuit is precedential.

Background:

Jeffrey Conklin (“Conklin”), along with other inventors, obtained a portfolio of patents which were the subject of a patent infringement suit. The portfolio of patents includes: U.S. Patent Nos. 6,141,653; 6,336,105; 6,338,050; 7,162,458; and 7,149,724.

Conklin and the other inventors assigned all of their rights, titles, and interest in and to said inventions and discoveries to: TradeAccess, Inc. (“TradeAccess”). These assignments were recorded with the U.S. Patent and Trademark Office (“PTO”). TradeAccess later changed its name to Ozro, Inc. (“Ozro”). In December 2002, Cross Atlantic Capital Partners, Inc. (“XACP”) held the security interest in all of the patents-in-suit, through an assignment that was recorded with the PTO.–click here to read more—