27. Herman testified that on 18 March 1998, he disclosed his invention to Steve
Sandford, head of NASA-LaRC's Electro-Optics and Controls branch, and sent an e-mail
(Herman Ex. 2008) to him the following day with the invention disclosure attached to the e-mail
(Herman Ex. 2003, T 9).
28. The copy of the e-mail submitted into evidence does not have a paper attached to it,
nor does the e-mail describe the elements of counts 1-32.
29. Herman testified that he also discussed his invention with Barnes on 18 March 1998
(Herman Ex. 2003, 17).
30. Herman testified that Barnes provided him with GaP Sellmeier coefficients to use in
calculations of the invention (Id., 117).
3 1. According to Herman, he e-mailed, 'as an attachment, a copy of the invention
disclosure (Herman Ex. 2018) to his doctoral dissertation advisor, Dr. Nasser Peygharnbarian on
18 March 1998 (Id., T 8).
32. Neither the copy of the e-mail submitted into evidence nor the attachment describe all
of the elements of every one of counts 1-32.
33. With the hopes of getting his invention funded by NASA, Herman prepared a NASA
Disclosure of Invention (NDI) form (Herman Ex. 2021,112).
34. Sometime after preparing the NDI, Herman gave a copy of the NDI to Ms. Christyl
Johnson, assistant to Sandford (Herman Ex. 2021, $ 14).
35. According to Herman, Ms. Johnson told him that Barnes was displeased that he was
not included on the NDI as a co-inventor.
36. Also according to Herman, Ms. Johnson insinuated that if Barnes was not included as
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