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Appealed from: United States District Court for the Northern District of New York

Judge David N. Hurd

This case presents the question of whether, when challenging the validity of a patent under 35 U.S.C. � 102(g), a prior inventor must have known that he was an inventor. We conclude that such a state of mind is not required. Accordingly, we agree that the invention covered by the contested claims of U.S. Patent Nos. BI 4,640,933 (the “’933 patent”), 4,694,027 (the “’027 patent”), and 4,663,361 (the “’361 patent”) assigned to the Dow Chemical Company (“Dow”) was first invented by defendant Astro-Valcour, Inc. (“AVI”). Also, we agree that AVI did not abandon, suppress, or conceal its invention. Accordingly, we affirm the district court’s decision invalidating claim 3 of the ’933 patent, claim 1 of the ’027 patent, and claim 1 of the ’361 patent. Dow Chem. Co. v. Astro-Valcour, Inc., 110 F. Supp. 2d. 104 (N.D.N.Y. 2000).

 
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