Arb Panel Could Decide Who Owned Patents, Seventh Circuit Rules

A Seventh Circuit panel today upheld an award in arbitration.

The panel ruled that the arbtitrators didn't manifestly violate law or exceed their powers by finding that the parties jointly owned one patent "family" and that one of the parties solely owned another family of patents. Affymax, Inc. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc., No. 11-2070 (7th Cir. Oct. 3, 2011).

Chief Judge Easterbrook wrote the opinion. His ruling overturned the district court's, which tossed the arbitration award.

Imagine Blawgletter's surprise.