McDermott Will & Emery Secures Global Settlement on Behalf of Notable Russian Physicist in Trade Secret Case
NEW YORK (December 29, 2008) — McDermott Will & Emery LLP reached a settlement on behalf of its client, Dr. Muradin Kumakhov, a pioneer in the field of capillary optics, in a trade secret case related to X-ray technology before the District Court for the Northern District of New York. Dr. Kumakhov is a citizen of the Russian Federation and is considered the founder of monocapillary and polycapillary optics for X-ray and neutron collimation. The terms "Kumakhov's lenses" and "Kumakhov's optics" are commonly used to describe X-ray optics that allow X-ray beams to be focused in an unprecedented manner. These optics have become very important in industries such as petroleum, medical diagnostics and treatment, defense and space, material testing and others.
On December 20, 2007, X-Ray Optical Systems, Inc. (XOS) filed suit against Dr. Kumakhov. In July 2008, the Firm, on behalf of Dr. Kumakhov, filed a countersuit against XOS. The parties globally settled their disputes with the court's assistance and issued the following joint statement:
X-Ray Optical Systems, Inc. ("XOS") and Dr. Muradin Kumakhov are pleased to announce a global settlement of their differences, including the transfer of Dr. Kumakhov's interest in XOS to the company. XOS and Dr. Kumakhov have agreed to withdraw all pending litigations and put measures in place to limit future disputes between them.
David Gibson, President of XOS, stated "We are pleased to resolve this matter in a manner that is acceptable to all parties. XOS regrets any past disagreements with Dr. Kumakhov. XOS is proud of its past affiliation with Dr. Kumakhov and looks forward to putting past differences behind the parties so that XOS may focus on its underlying business."
Dr. Kumakhov, through a translator, stated "I am pleased to have the opportunity to settle my differences with XOS. I have conveyed my regrets for any past disagreements with XOS and wish them success in their future endeavors."
McDermott's Intellectual Property, Media & Technology Department is recognized for its trial and appellate experience. The practice is ranked as one of the strongest IP litigation firms for both plaintiffs and defendants, and it is noted for the breadth and depth of its procurement and licensing work in the patent, trademark, and copyright arenas, as well as providing counsel on trade secret and unfair competition cases.
