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.

FMI: www.aspenavionics.com, www.eclipseaviation.com