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SHUM v. INTEL CORP.

No. 2010-1109.

629 F.3d 1360 (2010)

Frank T. SHUM, Plaintiff-Appellant, v. INTEL CORPORATION, Jean-Marc Verdiell, and LightLogic, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

December 22, 2010.

Attorney(s) appearing for the Case

Paul F. Kirsch , of San Francisco, CA, argued for plaintiff-appellant. On the brief was Gregory S. Cavallo , Shopoff & Cavallo LLP, of San Francisco, CA.

Mark C. Fleming , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for defendants-appellees. With him on the brief were Richard W. O'Neill , and William F. Lee ; and Seth P. Waxman , Brian M. Boynton , of Washington, DC.

Opinion for the court filed by Circuit Judge PROST. Dissenting opinion filed by Circuit Judge NEWMAN.

PROST, Circuit Judge.

This appeal reviews an award of costs in a case where no party prevailed on every claim. The underlying action was filed by an optical engineer named Frank Shum ("Shum"). Shum sought correction of inventorship for seven patents originally issued to his former business partner, Jean-Marc Verdiell ("Verdiell"), arguing that he, Shum, should be named as the sole inventor or co-inventor. See 35 U.S.C. § 256. Shum also asserted numerous...

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