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University of West Virginia v. Vanvoorhies

Defendant's design for power transmission antenna was continuation-in-part of earlier patented design created while in graduate school, and thus defendant breached contractual duty by refusing to assign rights to university under parties' prior agreement.

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Appealed from: United States District Court for the Northern District of West Virginia

Judge W. Craig Broadwater

Kurt L. VanVoorhies appeals from the decision of the United States District Court for the Northern District of West Virginia granting the University of West Virginia Board of Trustees’ (“WVU’s”) motion for summary judgment that VanVoorhies breached his duty to assign U.S. Patent Applications 08/486,340 and 08/514,609 to WVU. Univ. of W. Va. v. VanVoorhies, 84 F. Supp. 2d 759 (N.D.W. Va. 2000). He also appeals from the court’s grant of WVU’s motions for summary judgment on his claims based on fraud, breach of fiduciary duty, breach of contract, and invalid assignment, as well as its grant of WVU’s motions to dismiss his quasi-contract claims and his claims under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. � 1962 (2000) (“RICO”). In addition, VanVoorhies appeals from the court’s denial of his motions to disqualify WVU’s counsel, compel discovery, and vacate the stay of a consolidated case. Because we decide that the district court did not err in concluding that VanVoorhies was obligated to assign his inventions to WVU, and we are not persuaded that it erred in any of its other challenged decisions, we affirm.

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