Thursday, March 20, 2014

A game of “inventor musical chairs,”

See Gabriel v. Qualcomm   for the text

plaintiffs played a game of “inventor musical chairs,” Defs.-Appellees Br. 23, repeatedly shifting positions as to which individuals from Locate were omitted inventors. In the end, none of the Gabriel plaintiffs’ fact or expert witnesses provided support for the contention that indi- viduals from Locate made a specific inventive contribu- tion to any Qualcomm patent.4

with note 4

The Gabriel plaintiffs argue that the declarations they submitted from “highly-credentialed experts” were sufficient to demonstrate that Locate “conceived of valua- ble contributions to the technology that was later included in [Qualcomm’s] patents.” (...) We have reviewed these declarations, however, and conclude that they fail to adequately identify: (1) any specific inventive contribution that any particular Locate employee made to the Qualcomm patents; or (2) any specific trade secret that was misappropriated by the Qualcomm defendants.


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