The U.S. Court of Appeals for the Federal Circuit revived the claims when it held in a precedential decision Friday that a federal trial court improperly invalidated the patent.
The trial court had found U.S. Patent No. 7,231,430 invalid because Egenera’s requests to remove and add back Peter Schulter as an inventor was an attempt to game the system. But the court’s intervening claim construction and inventorship determinations “justify any seeming inconsistency,” the Federal Circuit said.
The decision highlights how changing ...