CORE OPTICAL TECHNOLOGIES, LLC v. NOKIA CORPORATION
time; and 3) (a) the invention does not relate to the busi-
ness of TRW or to TRW’s actual or demonstrably antici-
pated research or development, or (b) does not result from
any work performed by the employee for TRW.” Id. at *10.
The court concluded that, for requirements (1) and (3), Core
Optical presented evidence that they were met or could, in
a factual adjudication, be found to be met. Id. at *10–19.
The decisive question for summary judgment, then, was
whether Core Optical could establish that it met require-
ment (2).
The district court concluded, as a matter of law, that on
the evidence of record requirement (2) was not met, war-
ranting summary judgment of non-ownership by Core Op-
tical. Id. at *19–21. The court determined that the time
Dr. Core spent on his PhD research—during which he de-
veloped the claimed invention—was at least in part “TRW
[t]ime” and not “entirely” Dr. Core’s “own time.” Id. The
court found particularly critical that (1) Dr. Core actively
sought out TRW funding, through the fellowship program,
to support his PhD research, (2) Dr. Core received such
funding from TRW, including a monthly stipend, tuition,
fees, and full-time employee benefits, and (3) TRW benefit-
ted from Dr. Core’s participation in his PhD program. Id.
at *20–21. On that basis, the district court concluded that
the invention agreement’s paragraph 9 was unambiguous
in not reaching the ’211 patent, which, therefore, Dr. Core
had automatically assigned to TRW, depriving Core Opti-
cal of standing to bring the present action. Id. at *21 (in-
voking the automatic-assignment principle of Filmtec
Corp. v. Allied-Signal Inc., 939 F.2d 1568, 1570–72 (Fed.
Cir. 1991)).
The district court entered final judgments on Septem-
ber 14, 2022. J.A. 32, 34, 36. Core Optical filed timely no-
tices of appeal on September 28, 2022, J.A. 10001–02,
16763, 16848–51, 20281–82, within the thirty days allowed
by 28 U.S.C. § 2107(a). We have jurisdiction to decide
these appeals under 28 U.S.C. § 1295(a)(1).
Case: 23-1001 Document: 62 Page: 8 Filed: 05/21/2024