Square files against REM Holdings 3 LLC in ED Mo over inventorship on US 7,810,729
Square Inc. and McKelvey filed a federal lawsuit Dec. 1 in the Eastern District of Missouri against REM Holdings 3 LLC. The suit claims McKelvey's name is missing from patent No. 7,810,729 B2 and instead, only Robert Morley Jr., a member of REM Holdings and an associate professor in engineering at Washington University, is listed as the sole inventor for the patent titled 'card reader device for a cell phone and method of use.'
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"McKelvey significantly contributed to the conception of one or more inventions claimed in the ‘729 patent and thus is a joint inventor of the inventions claimed in the ‘729 patent," the lawsuit states. "Through omission, inadvertence and/or error, James McKelvey was not listed on the ‘729 patent as an inventor of the inventions claimed in the ‘729 patent."
McKelvey came up with the idea for a credit card reader in early 2009 to help process payments for his company, Third Degree Glass Factory in St. Louis, Dorsey said in an interview with the St. Louis Post-Dispatch earlier this year.
The story states that Time Magazine named Square one of the 50 best inventions of 2010.
The story also states that McKelvey paid for the attorney's fees to apply for the patent, and one might wonder how McKelvey didn't note that his name was missing as an inventor.
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