Collaborators, Suppliers, and Coinventors: Key Lessons From Fortress Iron v. Digger Specialties

The Federal Circuit’s precedential decision in Fortress Iron, LP v. Digger Specialties, Inc., No. 24-2313 (Fed. Cir. Apr. 2, 2026), reinforces that inventorship errors can still be fatal when they cannot be corrected under 35 U.S.C. § 256 — even in the post‑AIA landscape. The court affirmed the invalidity of two patents after concluding that a missing coinventor could not be added under § 256(b).... By: Troutman Pepper Locke