A prolonged dispute between the medical director of a Sacramento diabetes research institute and the founder of an extensive, locally based diabetes treatment network has boiled over into federal court.

In a patent/copyright infringement lawsuit filed this week in Sacramento's U.S. District Court for the Eastern District of California, Dr. Thomas Aoki claims that Greg Gilbert falsely claimed rights to a diabetes treatment invented and patented by Aoki.

Aoki is medical director of the Aoki Diabetes Research Institute at 1935 Stockton Blvd.

Gilbert is the founder and president of Diabetes Network, which operates out of McClellan Business Park. It oversees a network of researchers, physicians, health care professionals and clinics.

Area clinics and business affiliates under Diabetes Network also are named as defendants in the suit.

On Friday, Gilbert emphatically denied the allegations in Aoki's suit, calling them "a pack of lies."

Gilbert said his work with insulin-delivery systems and research dates back to his founding the Diabetes Network in 1985. He insisted that the network's diabetic care processes were developed independent of Aoki.

The suit contends that Gilbert obtained knowledge of the treatment – called metabolic activation therapy – in 17 years of being a lawyer for Aoki and ADRI.

While Gilbert is a lawyer, he denied representing Aoki or ADRI.

Aoki, who cited a background of diabetes research at the University of California, Davis, and as a professor emeritus at UC Davis Medical School, said Gilbert falsely claimed rights to diabetes metabolic activation therapy, which Aoki invented and patented.

The suit claims Gilbert and his companies then sold licenses or franchises to parties in California, Texas and Hong Kong.

The suit seeks to close down clinics in Roseville, Hayward and elsewhere.

"Yes, it's imperative that the clinics be closed down at this point," said Aoki's attorney, Joanna Mendoza of Granite Bay.

Besides the patent/copyright allegations, Mendoza said Diabetes Network is making fraudulent claims regarding possible adverse effects of treatment and the cost of treatment.

"What kind of person wants to close down clinics?" Gilbert asked. "This is so incredibly wrong, and we'll prove every bit of it. We have written proof … including (licensing) documents signed by (Aoki)."

The suit also alleges trade secret misappropriation, false and misleading advertising, breach of fiduciary duty, breach of confidential relationship and unfair competition.

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