WILMINGTON, Del., April 14 /PRNewswire/ -- Patent litigation firm Teuton, Loewy & Parker LLP filed a lawsuit yesterday against Therative, Inc. on behalf of inventor Joseph Neev, PhD. In the lawsuit, filed in the United States District Court, District of Delaware, Dr. Neev claims sole inventorship rights in U.S. Patent Number 7,494,492, a recently issued patent that Therative claims protects its ThermaClear Acne Clearing Device.
Dr. Neev seeks a court order correcting U.S. Patent No. 7,494,492 to show Dr. Neev as the sole inventor under the patent. Such an order would make Dr. Neev the owner of the patent, would likely prevent Therative from using the invention claimed in the patent, and would allow Dr. Neev to have others make the invention.
Dr. Neev's complaint alleges that Therative, Therative director George Choi, and Therative Chief Technology Officer Luiz DaSilva have known of Neev's ownership of the inventions claimed in U.S. Patent No. 7,494,492 since at least 2005. The complaint further alleges Therative, Choi and DaSilva have never corrected the error.
Dr. Neev also continues a separate state court lawsuit, filed April 1, 2008, against Therative, Choi and Da Silva for fraud, misappropriation of trade secrets, and conversion. Teuton, Loewy & Parker LLP filed the state court lawsuit in California Superior Court in Alameda County. In that lawsuit, Dr. Neev states: "Despite Dr. Neev's warnings, Defendants chose to develop, market and sell a device and complementary products that were derived from" Dr. Neev's inventions. The lawsuit continues: "[h]aving used Dr. Neev's Confidential Information as a springboard, Defendants have successfully marketed and sold their ThermaClear product and enjoyed immense commercial success . . . Defendants have, without Dr. Neev's consent, used Dr. Neev's Confidential Information for their own profit . . . even after being repeatedly notified of, and with full knowledge of, Dr. Neev's ownership of the invention and the Confidential Information." Dr. Neev seeks treble damages, attorneys' fees, and a court order forbidding Therative from using Dr. Neev's information and invention. The state court case is set for trial on February 23, 2010.
Dr. Neev's litigation attorney, Kenneth G. Parker of Teuton, Loewy & Parker LLP, commented: "We look forward to bringing Therative and anyone else involved to justice and establishing Dr. Neev's ownership of his invention. We believe the commercial success of the ThermaClear device is a testament to Dr. Neev's inventive genius."
California-based Teuton, Loewy & Parker LLP's intellectual property attorneys specialize in patent, trademark and copyright litigation. The firm represents plaintiffs and defendants in a variety of disputes in state and federal courts throughout the country. The firm also handles employment, wage and hour, consumer fraud, and class action disputes.
Joseph Neev, PhD, is the inventor on over nine issued patents and holds a PhD in Physics.
|SOURCE Teuton, Loewy, & Parker LLP|
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