SAN DIEGO – A San Diego company is seeking declaration of its ownership of a patent.
Universal Stabilization Technologies Inc. filed a complaint on Jan. 16 in the U.S. District Court for the Southern District of California against Advanced Bionutrition Corp. alleging unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that in 2004, it and its founder, major shareholder and president Dr. Victor Bronshtein, was hired by the defendant to assist with a project regarding preservation of probiotic bacteria. On Jan. 17, 2012, the putative inventors assigned all right, title and interest in the ‘245 patent to the defendant, when in fact, the plaintiff alleges Bronshtein is the inventor of the claimed processes of the patent.
The plaintiff holds Advanced Bionutrition Corp. responsible because the defendant allegedly failed to acknowledge that Bronshtein is the sole inventor or co-inventor of the subject matter and benefited from the patented invention without plaintiff's authorization.
The plaintiff requests a trial by jury and seeks judgment in its favor, declare that Bronshtein is the true and sole inventor of the patent, actual damages, interest, restitution, attorneys’ fees, accounting of all benefits received as a result of defendant owning the patent, and further relief as the court deems just. It is represented by David M. Beckwith, James V. Fazio III and Trevor Q. Coddington of San Diego IP Law Group in San Diego.
U.S. District Court for the
District of California Case number 3:17-cv-00087