Tuesday, December 21, 2010

Protecting IP from your own employees... a case on point

St. John’s University v. Bolton, Hygrosol Pharmaceutical Corp. and Spireas
Decision by U.S. District Court (E.D. N.Y.) denying defendants’ motion to dismiss for failure to state a claim upon which relief can be granted. Plaintiff alleged in its complaint seeking $30 million in damages that defendants, a former professor and a former doctoral student, failed to disclose patentable inventions discovered while they were employed and/or studying at plaintiff institution; and failed to assign to plaintiff licensing revenues from patents subsequently obtained on those inventions. The complaint alleges, inter alia, breach of contract; breach of fiduciary duty; fraudulent failure to disclose the value and patentability of research; fraudulent conveyance; unjust enrichment; and conversion.

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