Griffith v. Kanamaru

816 F.2d 624 (1987)

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Nature of the Case

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Facts

This was a patent interference case. P is an Associate Professor in the Department of Biochemistry at Cornell University Medical College. P was the first to discover an aminocarnitine compound, useful in the treatment of diabetes. P established conception by June 30, 1981, and reduction to practice on January 11, 1984. D filed for a United States patent on November 17, 1982. The board that P failed to establish reasonable diligence for a prima facie case of prior invention and issued an order to show cause as to why summary judgment should not be issued. To justify his inactivity between June 15, 1983, and September 13, 1983. Notwithstanding Cornell University's extraordinary endowment, P claims it was reasonable, and as a policy matter desirable, for Cornell to require P and other research scientists to obtain funding from outside the university. P also claims he waited for Ms. Debora Jenkins to matriculate in the Fall of 1983 to assist with the project. He had promised her she should have that task which she needed to qualify for her degree. The board rejected those arguments and P appealed.