If an employee invents a product in the workplace, who claims ownership, the employee or the workplace?
Otterbein, along with Freedom Health, LLC, is facing complaints for patent infringement brought on by Kaylor LLC, a company made of former employee Lynn Taylor and her business partner Morton Kanter.
The pair have a patent on a type of equine feed pellet that aids horse performance.
On June 25, 2002, Kanter and Taylor were issued patent No. 6,410,067, titled Equine Nutraceuticals, as co-inventors.
“The defendant, Freedom Health, LLC, has been and is currently making, using, offering for sale, selling and/or importing products that infringe on (Taylor’s) patent,” according to court documents.
The documents state that Otterbein has also been named as a defendant in the case because it has asserted that it had a part ownership interest in the patent based on Taylor’s prior employment at the university.
The plaintiff allegedly attempted to resolve this issue with Otterbein prior to filing the lawsuit, but Otterbein’s failure to respond, however, has created question in the ownership of the patent, according to court documents.
Taylor was a full-time faculty member in the Equine Science Department from 1995 until 2004. She started as an assistant professor and was promoted to associate professor with tenure in 2000. She was also chair of the Equine Science Department from 1997 until 2004, when she left to take a teaching job at Centenary College.
While working at Otterbein, Taylor said she worked with a biochemist in Columbus developing nutraceuticals, or feed supplements, for horses.
“We did feeding trials at the college with some of the school horses and senior students who used the opportunity for research experience,” Taylor said.
“Our primary products were oil-based, and used to add calories from fat to the diet of the horse instead of to the carbohydrate, as well as give the horse a beneficial fatty acid profile in their diet,” Taylor said.
The formulations were poured on top of the horse’s regular food.
Taylor declined to provide further information until she contacted her attorney.
Last week, the Tan & Cardinal began attempts to contact Vice President for Business Affairs Rebecca Vazquez-Skillings for Otterbein’s response to these allegations, but did not receive a response in time for publication.
The Tan & Cardinal will continue to follow this case if Otterbein’s involvement progresses.
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