Free Declaration in Support - District Court of California - California

Case 4:07-cv-03010-CW Document 25-5 Filed 07/26/2007 Page 1 of 3

Case 4:07-cv-03010-CW Document 25-5 Filed 07/26/2007 Page 2 of 3
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BY FEDERAL EXPRESS
Jay Wei
President and CEO ‘
Optovue Corporation
41752 Christy Street
Fremont, CA 94538
Re: Carl Zeiss Meditec Inc.
Dear Mr. Wei:
We represent Carl Zeiss Meditec. Carl Zeiss Meditec has serious concerns
that Optovue and you have improperly used coniidential information belonging to Carl
Zeiss Meditec in developing, exhibiting, and marketing optical coherence tomography
(OCT) related products. Enclosed please find copies of your (1) Employment Agreement
and (2) Severance Agreement and General Release.
In addition, Carl Zeiss Meditec believes that you may have failed to assign
inventions to Carl Zeiss Meditec and to perfect Carl Zeiss Meditec’s title in inventions,
patents and patent applications in violation of your employment agreement. Carl Zeiss
Meditec believes that inventions belonging to it may have improperly been assigned to or
will be assigned to Optovue, including potentially patentable inventions described in
pending patent applications.
Carl Zeiss Meditec is iiirther concerned that Optovue and you may have
unlawfully advertised and falsely represented test images taken with Carl Zeiss Meditec
equipment as taken with Optovue equipment.
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Case 4:07-cv-03010-CW Document 25-5 Filed 07/26/2007 Page 3 of 3
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Jay Wei
October 18, 2006
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Moreover, Carl Zeiss Meditec has indications that Optovue and you may
have induced third parties to violate their agreements with Carl Zeiss Meditec and that
the recently launched Optovuecom website contains false information about Carl Zeiss
Meditec. For example, the website incorrectly states: "'I`oday, the OCT becomes a
$120M business in Carl Zeiss Meditec."
Carl Zeiss Meditec respects your freedom to work for a competitor and
. welcomes fair competition. However, Optovue and you must respect Carl Zeiss
Meditec’s intellectual property rights. Carl Zeiss Meditec has grave eoncems that you
have breached your employment agreement and severance agreement.
For these reasons, please provide us with a detailed written explanation of
Optovue’s optical coherence tomography product and your pending patent applications,
and how these products were developed and the patent applications conceived and
reducul to practice without violating your employment agreement and severance
agreement. Carl Zeiss Meditec would be willing to make appropriate personnel available
in a face—to-face meeting to receive Optovue’s explanation, and to discuss other issues,
including the false representation of test images, the induoexn ent of third parties to breach
agreements with Carl Zeiss Meditec, and the display of false information about Carl Zeiss
Meditec on the Optovuecom website.
Your prompt response is appreciated.
Sincerely,
Encls.: (1) Employment Agreement
(2) Severance Agreement and General Release
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Case 4:07-cv-03010-CW

Document 25-5

Filed 07/26/2007

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Case 4:07-cv-03010-CW

Document 25-5

Filed 07/26/2007

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Case 4:07-cv-03010-CW

Document 25-5

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