HERMAN et al. V. Herman - Page 5




               and Technical Support Services contract.                                                                                             
                        18. The SAIC contract was with NASA, and during the time. Herman was employed by                                            
               SAIC, Herman worked on the contract at NASA's Langley Research Center (ld., ý 3).                                                    
                        19. Herman's work through SAIC was directly related to his doctoral dissertation                                            
               (Herman Ex. 2005, 14). 1                                                                                                             

                        20. One of Herman's dissertation advisors was Barnes, who worked for NASA at                                                
               Langley, and who apparently worked on the same contract at the time of the events (ld., 16).                                         
                        21. Herman testified that on 12 March 1998, while working on his dissertation, he alone                                     
               conceived of the invention', entitled "Method and Apparatus for Producing a Coherent Terahertz                                       
               Source" (Herman Ex. 2003, 14).                                                                                                       
                        22. On 18 March 1998, Herman prepared a paper describing his conception (referred to                                        
               as the invention disclosure document - "IDD") (Herman Ex. 2006) which was notarized 24                                               
               March 1998 (Herman Ex. 2003, 18).                                                                                                    
                        23. On 17 March 1998 Herman disclosed the invention to Gary E. Halama (Halama).                                             
                        24. Halarna testified that Herman described to him an idea for a phase matching                                             
               technique in gallium phosphide (GaP) to produce terahertz radiation using non-linear material                                        
               characteristics (Herman Ex. 2017, 15).                                                                                               
                        25. Halama testified that Herman described certain equations and graphs to him that were                                    
               the same as those disclosed in the notarized IDD (Herman Ex. 2017, IT 6-7).                                                          
                        26. Halama further testified that Herman drew a dispersion curve for GaP (ld., 111).                                        

                        ' "The invention" conceived on 12 March 1998 does not apparently include all 32 counts.                                     
               For example, Hennan later testified that at least counts 25 and 26 were conceived during the                                         
               week of January 8-15, 1999 (Herman Ex. 2021 at 40-43).                                                                               
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