Vapor Point, LLC v. Moorhead

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EPA and state clean air regulations regulate the percentage of contaminates that may be discharged from oil and gas storage tanks and other holding vessels into the atmosphere. The patents at issue address capturing and recovering fuel vapors. NanoVapor’s Vapor Suppression System, developed by Moorhead, aims to control or eliminate combustible and toxic gasses in fuel storage and transfer operations. After working with Moorhead to help market this technology, Nathan became NanoVapor’s COO in 2007. NanoVapor later hired Matheson to help with the “commercial embodiment” of the technology being developed. Moorhead filed a provisional patent application in December 2006, claiming the vapor suppression system. The parties disagree over whether Nathan was then aware of the progress of the patent application. NanoVapor alleged that Nathan and Matheson (collectively, Vapor Point) plotted to steal NanoVapor’s technology and associated trade secrets. Vapor Point claims that the application wrongfully claimed their conceptual and inventive contributions and that that they are the true inventors of the technology. The Federal Circuit affirmed issuance of a correction of inventorship (35 U.S.C. 256) in favor of Vapor Point and denial of Vapor Point’s motion for exceptional case status and attorneys’ fees. The court noted NanoVapor’s concession that a determination of inventorship would resolve the case. View "Vapor Point, LLC v. Moorhead" on Justia Law

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