Company sues Kilpatrick Townsend, Claiming Firm Gave its Secrets to a Client to Patent

The story is, hopefully not behind a paywall, here.  I tried to find the pleadings to post but had no luck, even on Pacer.  MV Circuit is the plaintiff, claiming Kilpatrick conspired with its client, Omnicell, to patent MV Circuit’s technology concerning some “Riocart” technology in Omnicell’s inventor’s name.  The gist of the complaint according  to the story is this:

Omnicell allegedly told MV Circuit that, in order to determine the value and patentability of MV Circuit’s intellectual property, MV Circuit needed to disclose its confidential intellectual property to William Daley, Omnicell’s attorney at Kilpatrick Townsend — even though Omnicell had already determined the technology was patentable.

Omnicell falsely represented to MV Circuit that Daley was not Omnicell’s regular patent counsel and would not be involved in developing any patent applications on Omnicell’s behalf, the complaint said. Omnicell further falsely claimed the Kilpatrick Townsend attorney would not disclose MV Circuit’s intellectual property to Omnicell, according to the complaint.

However, MV Circuit claims that neither Omnicell nor Daley told MV Circuit that the firm was in fact Omnicell’s regular patent counsel and that partners from the same Denver office of Kilpatrick Townsend as Daley were working on Omnicell’s nonpublic patent applications related to the technology in the RIO Cart, according to the complaint.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.