It is a medical device, and is in development so it has not been sold. Company Y has been acquired by a new company Z for their IP portfolio.
I don't know what the subset of the acquisition value was my contribution, but I hope to determine that through discovery. This fraud initiated in 2007 and was only uncovered in late 2011.
This is where it gets tricky and the general case diverts from my case specifically.
I am a graduate student where the ownership of the idea changed from mine on day 0 (students own their IP), to the University's after I pursued the development of the technology for my thesis (students give up their IP by using U resources). I was unaware that I could have retained the rights for myself on day 0.
In another twist, the University gave up it's assignment rights of the invention to the government, whose grant supported the work I did. Subsequently, I was reassigned the IP rights back from the government which I retain today.
The IP rights are for a different patent application filed in 2012 (whereas the original fraudulent application was filed in 2007 for overlapping subject matter C & D).
Person B was CEO and owner of company Y and assigned the application to company Y. He included two other employees from company Y on the application as well.
My main question was in terms of the silent fraud leading to my inability to file a patent on the scope of inventions in C (which is larger than D).
Analogy: If person B stole a dozen eggs and used half of them for an omelet that he sold and profited from, can he be liable for the eggs that weren't used in the omelet as well? The eggs are bad now and may no longer have any value today. When he took them, they could have been a bigger omelet.
As a consequence of his silent fraud, my potential IP was not filed on in company X so he could file a portion of it through his company Y.
Thank you, XXXXX XXXXX we are on the same page now. I agree about the challenge on the valuation of the unused eggs. Since the eggs in this case are IP, I was wondering how the laws on silent fraud relate to this damage since the valuation is speculative, or if it would be inadmissible as a damage because so.
In summary, since the value of lost IP is hard to quantify, is it dismissed as a damage? If there was any precedent that exists, that would be a home run.
Thanks for your time.
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