Says AT300 Was Developed Before Men Were Hired
Former Eclipse Aviation workers Peter Lyons and Jeff Bethel, who
later went on to found Aspen Avionics and sell the multifunction
AT300 Hazard Awareness Display, have asked the court to throw out a
lawsuit filed by Eclipse claiming intellectual ownership.
The Albuquerque Journal reports the two men filed a response to
Eclipse's lawsuit last week, in which Lyons and Bethel claim the
AT300 was developed one year before the two were hired by Eclipse.
They also state invention and nondisclosure forms they signed
during a pre-employment tour were invalid.
As Aero-News reported,
Eclipse filed its lawsuit in October, claiming the men developed
the AT300 on company time, using Eclipse resources. But Bethel and
Lyons say they worked with other engineers to develop the AT300 in
2001, and submitted the device for FAA certification in March 2002.
The men were hired by Eclipse later that year, in different
departments.
The men also say they signed nondisclosure forms under protest
before being hired by the company -- after being told during
separate pre-employment tours of the Eclipse facility that they
would not be interviewed for jobs unless they signed the forms. The
men claim they did not sign any such forms while they were actually
employed with Eclipse.
The pair also say when they left Eclipse in 2004, they were
asked to sign invention and nondisclosure agreements --
which they declined to do. Aspen Avionics was founded in early
2005, and the company applied for patent protection of the AT300
that same year.
Eclipse is seeking sole ownership rights to the AT300, as well
as proceeds derived from sales of the unit. Bethel and Lyons claim
Eclipse "maliciously" waited until Aspen Avonics began to make some
money, before filing its patent claim in June 2006 to, in their
words, "create confusion as to the ownership of the AT300
technology."
The men aren't limiting their response to Eclipse's claim of
ownership of the AT300, however. The two also accuse Eclipse of
"misleading" investors, and that the company created a "hostile"
work environment by blaming employees and vendors for production
issues that have delayed customer deliveries of the Eclipse 500
very-light-jet, which received FAA certification earlier this
year.
Bethel and Lyons say that environment "materially contributed to
their decision to leave Eclipse's employ."
The AT300 has received accolades from several aviation
publications, including being named one of the Best Products of
2005 by the staff of Aero-News.