In re Hubbell, No. 2011-1547 (Fed. Cir. Mar. 7, 2013), the Federal Circuit held that the claims of an application for a patent may be invalid for double patenting if there are overlapping inventors, even though the patents are assigned to different entities. In this case, Hubbell was a professor from the California Institute of Technology, and he later joined the faculty at the Swiss Federal Institute for Technology. He was a named inventor with two other inventors on a first application that issued as a patent assigned to the Swiss Federal Institute for Technology. CalTech later filed a second patent application naming Hubbell and three others as inventors with CalTech as assignee. The PTO Examiner rejected the CalTech application for double patenting in light of the earlier patent assigned to the Swiss Federal Institute for Technology, and the Board of Patent Appeals and Interferences affirmed. On appeal, the Federal Circuit explained that the application should be rejected to prevent harassment of an alleged infringer by multiple assignees asserting essentially the same patented inventions. The Federal Circuit also noted that the MPEP provides for double patenting rejections for applications with a “different inventive entity.” In addition, a terminal disclaimer was not available because there was no common ownership. Thus, the decision of the PTO was affirmed, and the claims were rejected as invalid for double patenting.