A disputed patent involes a centrifuge for separating blood into it components. In achieving this invention, scientist A asked scientist B for advice. Testing and reduction to practice of the invention occurred at NIH campus, Maryland and later Massachusetts General Hospital. Both scientists filed a patent on the crntrifuge on May 14, 1976. In the patent application, the names of both scientists were named as inventors. They later on assigned this patent to Campany 1. Lateron, Company 1 found out the use of his patent by Company 2 without his authorization. Company 1 then sued Company 2 for a patent infringement. As the matter of fact, during the reduction to pratice at Massachusetts General Hospital in January 1976, there were a number of trainees and visitors coming in the testing room. Some of them saw the operation of the invention. Many of those who saw the operation were under no duty of confidentiality to the hospital.
Question: If you were to represent Company 2, what would be your arguments against the assertion by Company 1?
