Stanley Kippen v. Steven Pack, No. 12-1259 (Fed. Cir. Aug. 2, 2012)

From the Opinion

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This appeal concerns a failed business venture to market and sell toy gliders, and an inventor's attempt to have his licensee held liable for patent infringement. The district court granted summary judgment of noninfringe­ ment, and we affirm. We vacate, however, the district court's corollary entry of judgment on contract claims that the plaintiff did not plead. I Plaintiff Stanley John Kippen is the inventor and owner of U.S. Patent No. 5,078,639 (issued Jan. 7, 1992) ("the '639 patent"), entitled "Model Aircraft Glider." In early 1993, 'Mr.