Prof sues University over technology rights

A Chemistry professor has filed a lawsuit against the University alleging that it deprived him of profits from technology he developed.

In his complaint, professor Michael Therien accused the University of failing to live up to its obligation to commercialize his technology, which led to 10 patents in fields ranging from telecommunications to medical imaging and diagnostics.

This technology, he says, has untapped "commercial promise."

The University has filed a motion to dismiss the case, which is currently pending in the Pennsylvania Eastern District Court.

Citing a policy of not commenting on ongoing litigation, the University declined to remark on the case outside of a short statement.

Executive Director of University Communications Phyllis Holtzman said that "we are disappointed that [Therien] filed suit rather than continuing to work with us to resolve his differences with the University."

The Chemistry professor worked with the Penn Center for Technology Transfer. The center works to develop and manage intellectual property and research coming from the University's researchers, ranging from undergraduate and graduate students to faculty members.

Therien, who did not return phone calls for additional comment, claims that after he filed the complaint, Penn officials tried to intimidate him into dropping the matter.

He alleges that the University threatened him, saying that "whistle-blowers often suffer severe damage and are sued."

Therien also alleges that Thomas Fitzsimons, an employee at the CTT, said he would tell any potential investors in the professor's technologies that Therien has "personality problems."

Through its employees, the University made "derogatory statements about Dr. Therien to him" and to "potential investors," according to the complaint.

Therien's complaint goes on to say that, while negotiating a license for his technology, a University employee -- who is unnamed -- attempted to use the contract for personal gain.

The lawsuit alleges that Therien suffered lost profits and damages to his reputation exceeding $100,000.

In a response filed with the court, University officials said Therien has "no right" to the technology.

The response states that the professor signed an agreement giving the University all rights to technology he developed.

Officials also said that the University is not responsible for marketing Therien's technology. Penn claims to have "discretion" over whatever technology its employees develop.

Therien's attorney also declined to comment on the case, referring all questions to the legal documents.

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