John Madey
Encyclopedia
John M.J. Madey is a professor of Physics at the University of Hawaii at Manoa
University of Hawaii at Manoa
The University of Hawaii at Mānoa is a public, co-educational university and is the flagship campus of the greater University of Hawaii system...

, a former director of the Free Electron Laser Centre at Duke University
Duke University
Duke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present day town of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco industrialist James B...

, and formerly a tenured professor at Stanford University.

During his tenure at Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...

 in the 1970s, he invented the free electron laser
Free electron laser
A free-electron laser, or FEL, is a laser that shares the same optical properties as conventional lasers such as emitting a beam consisting of coherent electromagnetic radiation which can reach high power, but which uses some very different operating principles to form the beam...

s (2-3). Stanford University refused to patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....

 the idea so John filed for a patent on his own. At Stanford he developed an innovative laser research program which was highly regarded in the scientific community
Scientific community
The scientific community consists of the total body of scientists, its relationships and interactions. It is normally divided into "sub-communities" each working on a particular field within science. Objectivity is expected to be achieved by the scientific method...

. An opportunity arose for Madey to consider leaving Stanford to take a tenure
Tenure
Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have his or her position terminated without just cause.-19th century:...

d position at Duke. Duke recruited Madey, and in 1988 he left Stanford for a position in Duke’s Physics Department. In 1989 Madey moved his free electron laser (FEL) research lab from Stanford to Duke. The FEL lab contained substantial equipment which required Duke to build an addition to its physics building to house the lab. In addition, while at Stanford, Madey had obtained sole ownership of two patents practiced by some of the equipment in the FEL lab.

At Duke, Madey served for almost a decade as director of the FEL lab. During that time the lab continued to achieve success both in securing research funding
Research funding
Research funding is a term generally covering any funding for scientific research, in the areas of both "hard" science and technology and social science. The term often connotes funding obtained through a competitive process, in which potential research projects are evaluated and only the most...

 and in generating scientific breakthroughs. A dispute arose, however, between Madey and Duke. Duke contends that, despite his scientific prowess, Madey had ineffectively managed the lab. Madey contends that Duke sought to use the lab’s equipment for research areas outside the allocated scope of certain government funding, and that when he objected, Duke sought to remove him as lab director. Duke eventually removed Madey as director of the lab in 1997. The removal is not at issue in this appeal, however, it is the genesis of a unique patent infringement
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...

 case. As a result of his removal from the directorship, Madey resigned from Duke in 1998. Duke, however, continued to operate some of the equipment in the lab. Madey then sued Duke for patent infringement of his two patents, and brought a variety of other claims.

Initially, Madey suffered judicial setback, but later appeals courts found in his favor and made a historic judgment in his favor. In Madey Vs. Duke University, 307 F.3d 1351, 1362 (Fed. Cir. 2002), the Federal Circuit Court of Appeals on October 3, 2002 effectively ended a 170-year-old practice of allowing scientists to freely borrow patented technologies for limited use in basic research
Research
Research can be defined as the scientific search for knowledge, or as any systematic investigation, to establish novel facts, solve new or existing problems, prove new ideas, or develop new theories, usually using a scientific method...

 that is not aimed at commercial use.

He was awarded the Stuart Ballantine Medal from The Franklin Institute in 1989.
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