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Tung v. Hemmings

Intellectual Property Misappropriation Claims Dismissed; Process Insufficiently Served

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MEMORANDUM & ORDER Pro se plaintiff H.Y. Lim Tung filed this action raising claims related to intellectual property against Weill Cornell Medical College (“Cornell”), the Journal of Biological Chemistry, Dr. Hugh C. Hemmings, Dr. Jimcy Platholi, Dr. Paul Heerdt, Dr. Kaoru Sakabe, and Dr. Lila Gierasch. Cornell, Dr. Hemmings, Dr. Platholi, and Dr. Heerdt (the “moving defendants”) have moved to dismiss the claims against them based on insufficient service of process, among other grounds. For the reasons below, those claims are dismissed based on insufficient service of process. BACKGROUND This action is one of several lawsuits that plaintiff has filed against his former employer, Cornell. See United States ex rel. Tung v. Hemmings, No. 19-CV-7342, 2019 WL 3936968, at *1 (S.D.N.Y. Aug. 20, 2019); Tung v. Hemmings, Index No. 13900/2014 (N.Y. Sup. Ct. April 10, 2015); Tung v. Hemmings, Index No. 485/2013 (N.Y. Sup. Ct. June 24, 2013). Plaintiff filed this lawsuit on October 1, 2019. See Compl. (Dkt. #1). In the operative amended complaint, plaintiff alleges that he used to work as an “independent scientist” for Cornell, during which time he created intellectual property that defendants later misappropriated. See Am. Compl.

2-18, 20-28, 54-61 (Dkt. #19-1). Plaintiff brings claims for the “theft” of his ideas, copyrights, and patents, misappropriation of trade secrets, and unjust enrichment, and seeks a declaratory judgment that he owns certain intellectual property. See id.

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