a co-inventor on the NDL then Herman would not receive funding for his invention (Herman
2003, T 14-15).
37. Herman testified that he added Bames to the NDI, in order to get funding for his
invention (Id., 117).
38. Herman testified that he believed that the invention would ultimately be marketed by
SAIC, and that he would receive 25% of the net revenue generated by the invention (Id., 119).
39. Accordingly, Herman completed an invention disclosure for SAIC (SID), apparently
the same as the NDI (Id., 12 1).
40. The NDI and SID were apparently forwarded to patent counsel who drafted a patent
application based on the NDI and SID.
41. Herman testified that he worked with SAIC outside counsel Gary Fedorochko to draft
the application that matured into the Bames patent (Her-man Ex. 2005, ý 16).
42. After the patent application was filed, Herman made Fedorochko aware of his
position that Bames should not be named as an inventor (Herman Ex. 2005, T 21).
43. According to Herman, Fedorochko told him to speak with Michael Lachuk, SAIC's
senior patent counsel about his concerns of inventorship (Id.).
44. Sometime before or after the alleged conversation with Mr. Fedorochko, but after the
filing of the application, Herman and Bames executed a joint declaration for patent application
on I March 1999.
45. Thejoint declaration states that:
We believe we are the original, first and joint inventors of the subject matter
which is claimed and for which a patent is sought on the invention entitled METHOD
AND APPARATUS FOR PROVIDING A COHERENT TERAHERTZ SOURCE ....
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