CAFC Issues Precedential Opinion in Brimer v. Navy Employee Dispute

WISECODE Take

The U.S. Court of Appeals for the Federal Circuit issued a precedential opinion on August 14, 2026, in Brimer v. Navy (No. 24-1388). While patent disputes are often thought to occur only between private enterprises, this case, originating from the MSPB, highlights the tension over technology ownership between government agencies and their research personnel. This dispute over rights between a federal employee and the Navy underscores the complexities of employee invention ownership. Without clear boundaries, such disputes resemble contract disagreements between athletes and sports teams. For private businesses without government contracts, this case has no direct impact. However, for companies collaborating with public entities, defining IP ownership is critical. Our patent portfolio health check service can assist in clarifying these boundaries during early-stage collaborations. We recommend that businesses review all IP ownership clauses before contracting with public entities, and monitor this case's detailed opinion for its impact on employee invention definitions.