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Shum v. Intel Corp., 09-1385

Action for correction of inventorship of patents

Shum v. Intel Corp., 09-1385, concerned a challenge to the district court's rulings in plaintiff's suit for correction of inventorship of patents that lists his former business partner as the sole inventor, and various claims under California law.


In affirming, the court held that, because plaintiff has not identified any genuine issues of material fact with respect to his breach of fiduciary duty or fraudulent concealment claims, district court's grant of defendants' motion for summary judgment as to these claims is affirmed.  The court also affirmed the district court's grant of post verdict JMOL on plaintiff's claims for unjust enrichment, breach of contract, intentional misrepresentation, and correction of inventorship for the '472 and '724 patents, as plaintiff has not presented sufficient evidence that allow a reasonably jury to find for him on these claims.

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