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I find it doubtful that any judge is going to be fooled by the claim that it was not Patterson who filed the patent application, it was just the company that Patterson controlled.

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The Judge will likely realize the 13d lawyers are trying to hoodwink her. If not I'm sure Cytodyn's lawyers will point out the early omission of Patterson's name on the patent and then miraculously it was discovered that Patterson had indeed been one of the inventors. You don't want to make a Judge irate by trying to pull a fast one on them.