Chico's Fas, Inc. v. 1654754 Ontario, Inc. et al

Filing 162

ORDER. The Director of the United States Patent and Trademark Office shall ADD Beverly Johnson of Hamilton, ON, Canada, as an inventor to: a.U.S. Patent No. D622,478; b.U.S. Patent No. 8,506,347; and c.U.S. Patent No. 8,182,310.The Director of th e United States Patent and Trademark Office shall REMOVE and DELETE Anastasios Koskinas as an inventor on:a.U.S. Patent No. D622,478; b.U.S. Patent No. 8,506,347; and c.U.S. Patent No. 8,182,310. Signed by Judge Sheri Polster Chappell on 3/29/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHICO’S FAS, INC., a Florida
corporation
Plaintiff,
v.

Case No: 2:13-cv-792-FtM-38MRM

ANDREA CLAIR, ANASTASIOS
KOSKINAS and 1654754 ONTARIO,
INC.,
Defendants.
/
ORDER1
This matter comes before the Court on the United States Court of Appeals for the
Federal Circuit’s Order remanding this case to correct inventorship pursuant to 35 U.S.C.
§ 256. After receiving the Federal Circuit’s Mandate, the Court held a telephonic status
conference with both parties on March 27, 2017. Later that day and pursuant to the
Court’s directive, the parties filed a stipulation requesting the Court to issue an order (1)
finding that inventorship listed on U.S. Patent Nos. D622,478; 8,506,347; and 8,182,310
must be corrected under § 256; and (2) directing the United States Patent and Trade
Office to make the correction. (Doc. 159).

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Consequently, based upon the Court’s findings on summary judgment (Doc. 128)
and consistent with Federal Circuit’s decision, the Court finds that the inventorship of U.S.
Patent Nos. D622,478; 8,506,347; and 8,182,310 requires correction under § 256.
Accordingly, it is now
ORDERED:
1. The Director of the United States Patent and Trademark Office shall ADD
Beverly Johnson of Hamilton, ON, Canada, as an inventor to:
a. U.S. Patent No. D622,478;
b. U.S. Patent No. 8,506,347; and
c. U.S. Patent No. 8,182,310.
2. The Director of the United States Patent and Trademark Office shall REMOVE
and DELETE Anastasios Koskinas as an inventor on:
a. U.S. Patent No. D622,478;
b. U.S. Patent No. 8,506,347; and
c. U.S. Patent No. 8,182,310.
DONE and ORDERED in Fort Myers, Florida this 28th day of March 2017.

Copies: All Parties of Record

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