Former Employee's Departure Sparks Intellectual Property Dispute

Aerospace consultant leaves firm, sells similar products to former clients. Dispute arises over proprietary information, necessitating expert evaluation.

ByCelia Guo

Published on

Former Employee's Departure Sparks Intellectual Property Dispute

Case Overview

This case involves an individual who worked for an aerospace technology consultancy specializing in purchasing products from manufacturers and vendors, making minor alterations, and reselling them to clients. After leaving the company, the individual took client and product lists and began selling similar products to various clients, including those of their former employer. Notably, the individual did not have a restrictive covenant, and the former employer lacked patents on the products sold. The former employer claims that the individual stole proprietary information and technology, while the individual contends that the products are widely available in the industry, warranting no restrictions on their business practices. This case necessitates an expert in aerospace technology intellectual property to assess the nature of proprietary products within the aerospace sector.

Questions to the Forensic Engineering expert and their responses

Q1

Please describe your experience with aerospace technology intellectual property.

I have a Ph.D. in Aerospace Engineering and formerly managed an international patent portfolio consisting of over 200 US patents (and numerous international patents). I personally hold nine U.S. patents.

Q2

Briefly, what information is necessary to determine if specified information and technology is considered proprietary in the aerospace industry?

If there are truly no patents that cover the technology and no employer/employee agreements in place with respect to proprietary information, I do not think that the former employer can succeed in their claims against the former employee. It also sounds like the former employer is doing much of the same thing as alleged against the former employee (i.e. slightly modifying other manufacturers' components and selling them on the open market). I am familiar with proprietary information in the aerospace industry and would be happy to assist further in this matter.

About the expert

This expert has over 20 years of experience in the field of mechanical engineering. He earned his BS in physics from Frostburg State University, followed by his BS and MS in mechanical engineering and his PhD in aerospace engineering from the University of Maryland. Today, he is a licensed professional engineer and certified fire and explosion investigator. He also stays active in his field as the owner of 5 patents and as a member of many professional societies, such as the American Society of Mechanical Engineers. Formerly, he was the director of advanced engineering development at Systems Planning and Analysis, Inc., the president of Aither Engineering, Inc., and a principal mechanical engineer at Beacon Scientific, LLC. Currently, he serves as a principal mechanical engineer at a forensic engineering company in Maryland.

Expert headshot

E-791940

About the author

Celia Guo

Celia Guo

Celia Guo is the Vice President of Multidisciplinary Research at Expert Institute. With a background rooted in public policy and criminal justice, Celia brings a wealth of experience in data-driven legal analysis. Prior to joining The Expert Institute, she conducted research for the Orange County District Attorney’s Office, focusing on drug diversion cases, and collaborated with the American Civil Liberties Union to analyze officer-involved shootings in Fresno, California. Her policy advocacy work also includes lobbying with the Drug Policy Alliance for the RISE Act, aimed at reforming sentencing enhancements for minor drug offenses.

Celia holds a B.A. in Political Science from Loyola Marymount University and an M.P.P. from the University of Southern California. She combines her policy expertise with a passion for justice to lead a dynamic research team that supports litigation strategy across a wide range of practice areas.

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