Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Loken-Flack et. al. v. Novozymes Bioag

Loken-Flack et. al. v. Novozymes Bioag

Ratings: (0)|Views: 129|Likes:
Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 1:13-cv-01617: Loken-Flack, LLC et. al. v. Novozymes Bioag, Inc. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l8CS for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 1:13-cv-01617: Loken-Flack, LLC et. al. v. Novozymes Bioag, Inc. Filed in U.S. District Court for the District of Colorado, no judge yet assigned. See http://news.priorsmart.com/-l8CS for more info.

More info:

Published by: PriorSmart on Jun 20, 2013
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

06/26/2014

pdf

text

original

 
Complaint and Demand for Jury Trial
 
Page
1
of 
5
 
Alan F. Blakley, Esq.CR MILES, PC405 Mason Court, Suite 119Fort Collins, Colorado 80524970 492 0000fax 970 492 0003afblakley@crmiles.comAttorneys for LOKEN-FLACK, LLC and LYNN LOKENUNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADOCivil Action, File Number _______  ______________________________ )LOKEN-FLACK, LLC, a Colorado )Limited Liability Company, )and )LYNN LOKEN, )Plaintiffs, )) COMPLAINTv. ) and ) JURY DEMAND NOVOZYMES BIOAG, INC., a )Delaware Corporation, )Defendant. ) ______________________________ ) NOW COME LYNN LOKEN and LOKEN-FLACK, LLC, by and through counsel, AlanF. Blakley, Esq., of CR MILES, PC, and for their complaint allege as follows:JURISDICTION and VENUE1. This Court has original jurisdiction over this Complaint pursuant to 35 U.S.C. §256 (Correction of Inventorship), as well as 28 U.S.C. §1331 (Federal Question), 28 U.S.C. §2201 (Declaratory Judgment), and 28 U.S.C. § 1338(a) (Patent Affairs).2. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events giving rise to the claims occurred in this district.
 
Complaint and Demand for Jury Trial
 
Page
2
of 
5
 
PARTIES3. Loken-Flack, LLC (“Loken-Flack”) is a Colorado limited liability company,having its principal place of business in Loveland, Colorado.4. Lynn Loken is an individual residing in Loveland, Colorado.5. Novozymes Bioag, Inc. (“Bioag”) is a Delaware corporation, having its principal place of business in the State of Wisconsin.FACTS6. On January 22, 2013, the United States Patent and Trademark Office issued United States Patent Number 8,357,631 entitled “Lipo-chitooligosaccharide combinationcompositions for enhanced plant growth and yield” (“the ‘631 Patent”) to Bioag as assignee of the patent.7. During 2004, Lynn, a principal of Loken-Flack, began to develop alternate waysto use organically derived colloidals (“ODC”) for plant growth and crop yield enhancement thatit had been marketing.8. During 2004, Lynn considered and researched ODC’s combination with other compounds that might enhance plant growth and crop yield.9. Lynn considered combining ODC with the compositions sold by Nitragin, owned  by Merck KGaA, (“Nitragin”) to enhance plant growth and crop yield over the efficacy of either composition alone; and believed ODC combined with Nitragin’s lipo-chitooligosaccharidecomposition (“LC”) would be very effective.10. Nitragin is the predecessor of Bioag.11. Loken-Flack did not have the ability to conduct experiments on crops in whichODC would be combined with Nitragin compositions, such as LC.
 
Complaint and Demand for Jury Trial
 
Page
3
of 
5
 
12. Loken-Flack contacted Nitragin and the parties entered into confidentialdiscussions to test Lynn’s hypothesis that combining ODC and LC would produce efficacy beyond either composition alone.13. On January 1, 2005, Loken-Flack and Nitragin entered into a Materials Transfer and Testing Agreement under which Loken-Flack supplied ODC to Nitragin for Nitragin’scombining with LC for testing.14. Nitragin and its successor Bioag tested the combination of ODC and LC invarying concentrations as suggested by Loken-Flack.15. The tests of the combination of ODC and LC were successful and the data fromthose tests were included in United States Patent Application 12/521,375, the application thatformed the basis for the ‘631 Patent.16. Lynn was not named as an inventor of the ‘631 Patent.17. Lynn and Loken-Flack have requested that Bioag correct the inventorship of the‘631 Patent by adding him as an inventor. Bioag has refused.18. None of the persons listed as inventors of the ‘631 Patent have an ownershipinterest in the patent because they have assigned their interest to Bioag.19. Lynn indirectly, as a principal of Loken-Flack, and directly, through contract, hasassigned his ownership interest in the ‘631 Patent to Loken-Flack.CORRECTION OF INVENTORSHIP20. This Court has the authority to declare the correct inventorship of a patent pursuant to 35 U.S.C. § 256 and 28 U.S.C. § 2201.21. Lynn is an inventor of the ‘631 Patent.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->