Dear Jane:
As Steve Dowd said, if you generated data in support of your idea (and can
prove it), it is possible to sue not only your ex-boss but his university
as well under the provisions of the False Claims Act. If the pilot is
from NIH, they may choose to be co-claimants with you. If you win the
case (an arduous undertaking), a multiple of the recovered monies will be
awarded to you. The basis of the application of this law to science is
that your ex is depriving you of the basis for your career by
"appropriating" your data.
Look into it with an attorney with expertise in the area and who is
willing to work for a %age of your settlement. They do exist!! Please be
very careful in considering whether to move forward with this as it could
turn into a Pyrrhic victory for you (good ole' boys: - you're an
unemployable troublemaker). Only you can decide if it's important enough
to pursue!
Your best bet is to talk to a few attorneys first; have one on board;
have him/her approach the univ. quietly but totally seriously - they will
not like the negative publicity and may come up with a compromise. Much
good luck
Lori DeGiorgio, Ph.D.
