General Nanotechnology, et al. v. Lawrence Livermore National Security, LLC, et al.
Published: Jul. 31, 2010 | Result Date: Apr. 19, 2010 | Filing Date: Jan. 1, 1900 |Case number: VG08384523 Verdict – Defense
Court
Alameda Superior
Attorneys
Plaintiff
J. Gary Gwilliam
(Gwilliam, Ivary, Chiosso, Cavalli & Brewer APC)
Randall E. Strauss
(Gwilliam, Ivary, Chiosso, Cavalli & Brewer APC)
Defendant
Facts
Defendant Lawrence Livermore National Security LLC (LLNS) operated a laboratory for the Dept. of Energy and conducted experiments directed toward gaining a better understanding of nuclear fusion in the context of strategic national security and understanding the basic science of stars and planetary systems. In this line of work, LLNS scientists were developing different materials, including using fabricated spherical nanodiamond capsules for use in inertial confinement fusion experiments.
Plaintiff Victory Kley, sole owner of plaintiffs General Nanotechnology and Metadigm, along with other plaintiffs, approached LLNS in 2004 with an idea to assist in their research.
Subsequently, plaintiffs filed suit against LLNS, alleging intellectual property torts with regard to the use of the diamond capsule fabrication process.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed LLNS utilized trade secret information for its own purposes and eventually took the information to Germany to develop the nanodiamond shells themselves. Plaintiffs claimed LLNS then ceased all communications with plaintiffs.
DEFENDANT'S CONTENTIONS:
LLNS claimed that the technology for fabricating spherical nanodiamond capsules for use in inertial confinement fusion experiments was developed independent of Kley's research.
Result
The jury returned a verdict for the defense.
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