SAN JOSE — A technology developer is suing Ford Albritton IV, a medical doctor, citing alleged breach of contract.
Acclarent Inc. filed a complaint on Dec. 1, in the U.S. District Court for the Northern District of California against Ford Albritton IV alleging that the medical doctor breached his duty of good faith and fair dealing.
According to the complaint, the plaintiff alleges that, on June 12, 2007, Acclarent Inc. entered into a mutual non-disclosure agreement with the defendant, wherein they discussed guide catheter designs using suction, a design being developed since July 24, 2006 by an Acclarent employee. On June 6, 2008, defendant officially entered into a consulting agreement with the plaintiff to provide assistance for product development regarding certain projects of the plaintiff, including the guide catheter system with suction and a handle or the "snorkel" project. On May 18, 2009 while under the consulting agreement, defendant filed the non-provisional application for his previous ’412 patent incorporating defendant's design. The defendant refused to assign the '412 patent to plaintiff under the consulting agreement.
The plaintiff holds Ford Albritton IV responsible because the defendant allegedly developed and filed a patent for a design related to his consulting work and similar to plaintiff's design while the consulting agreement was enforced and failed or refused to assign his rights to the patent in violation of the consulting agreement.
The plaintiff requests a trial by jury and seeks judgment against defendant for damages in an amount to be determined at trial, declaratory judgment in favor of plaintiff as owner of the ’412 Patent by assignment, costs and attorney's fees, and additional relief as the court deems just. They are represented by William C. Rooklidge and Frank P. Cote of Gibson, Dunn & Crutcher LLP in Irvine.
U.S. District Court for the Northern District of California Case number 16-cv-06919