G.E. Products and Fang-Chou Cho Sue Berea Hardwoods Over Pen-Patent Inventorship and an Unpaid Balance.

The complaint

The case is G.E. Products Co. Ltd. and Fang-Chou Cho v. The Berea Hardwoods Co. Inc., No. 1:26-cv-02662 (N.D. Ohio, Eastern Division), filed October 9, 2026, ECF No. 1, with a jury demand. G.E. describes itself as a Taiwanese manufacturer of writing instruments and pen components that has supplied Berea, which it calls a longtime Ohio-based customer, for 39 years. Cho is G.E.'s president and founder and a citizen of Taiwan. Berea is an Ohio corporation based in Middleburg Heights, Ohio, and the assignee of record of the three patents. The complaint says allegations about the plaintiffs and their own acts are made on personal knowledge and all others on information and belief formed after reasonable inquiry. The docket shows an order reassigning the case on October 22, 2026.

The inventorship claims

The complaint identifies U.S. Design Patent D754,792, titled Writing Instrument, issued April 26, 2016; U.S. Patent 10,118,435, titled Lever-Actuated Pen, issued November 6, 2018; and U.S. Design Patent D771,188. The USPTO record titles the D771,188 patent Ballpoint Pen and shows it issued November 8, 2016. Each names a single Berea-side inventor. The complaint alleges that Cho contributed to the conception of what each patent claims and was omitted as a joint inventor without deceptive intent on his part.

For the D754,792 patent, the complaint relies on August and September 2014 emails in which G.E. sent Berea a drawing of a new grip pen design, which it says reflected Cho's triangular grip tube and matching nib, followed by physical samples, less than three months before Berea filed its design application. For the '435 and D771,188 patents, it alleges that Cho conceived a lever-arm pen in which pressing a pivoting clip operates the pen mechanism, and that G.E. filed Taiwan utility model and design applications naming Cho on January 8, 2015, more than five months before Berea's June 23, 2015 provisional application.

The payment claims

Separately, G.E. alleges that Berea accepted pen goods and has not paid an outstanding balance of $115,010.45, despite the parties' course of dealing to keep the receivable within an agreed range. The complaint alleges that Berea responded to a May 2026 balance reminder with a June 16, 2026 email saying it was "closing and liquidating" the company and would not be able to pay unsecured creditors. Counts IV through VI, brought by G.E., plead breach of contract and, in the alternative, an action on account and unjust enrichment.

The counts and relief

Counts I through III seek correction of inventorship of the three patents under 35 U.S.C. 256. The prayer asks for an order under 35 U.S.C. 256(b) directing the USPTO Director to issue certificates of correction adding Cho as a named inventor, transmittal of the judgment to the Director, $115,010.45 in compensatory damages with prejudgment and post-judgment interest, costs, and attorney fees to the extent permitted by contract or law.

What to watch next

Watch for Berea's answer or first motion, and for any response on the payment counts, which the complaint ties to the same supply relationship. The case can end at any time, including by settlement or voluntary dismissal.