News & Analysis as of

Inventors Employment Contract

Sheppard Mullin Richter & Hampton LLP

Necessity Is the Mother of Invention – But New York Law Says Employers Better Not Take the Credit

On September 15, 2023, New York Governor Kathy Hochul signed a law that made dramatic changes to the enforceability of invention assignment provisions in employment agreements and likely in related agreements including offer...more

Dunlap Bennett & Ludwig PLLC

Who Owns The Rights To Employee Inventions?

One question we commonly hear from inventors is whether they have ownership rights to a patentable idea they conceived while working for a company. The answer can be quite tricky. “The general rule is that an individual owns...more

Haug Partners LLP

“Shall Be the Property” Is Insufficient to Automatically Assign Title to an Invention in a Contract

Haug Partners LLP on

On August 2, 2021, in Omni MedSci, Inc. v. Apple Inc., No. 20-1715, slip op. (Fed. Cir. Aug. 2, 2021), a Federal Circuit panel decision, with a dissent, upheld the district court’s denial of Apple Inc.’s (“Apple”) motion to...more

Hogan Lovells

Employment News: harassment, employment status, religion and belief, IP

Hogan Lovells on

Further developments in relation to harassment - The EAT confirmed in Bessong v Pennine Care NHS Foundation Trust that as the law currently stands employers will not generally be liable for third party harassment of...more

Knobbe Martens

Advanced Video Technologies LLC v. HTC Corporation Et Al.

Knobbe Martens on

Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

Mintz - Intellectual Property Viewpoints

The Importance of Getting Inventorship Right: A Cautionary Tale in Two Cases

U.S. patent law elevates the importance of “the inventor” to an extent unseen in the rest of the world. Unlike many other countries, ownership of patent applications in the United States initially vests in the inventors...more

Dentons

Intellectual Property in Medicine: Initial Considerations

Dentons on

Physicians are well-positioned to generate new inventions and thereby improve the treatment of their patients. As a result, physicians have historically been some of the best and most active inventors in the United States. ...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

Robins Kaplan LLP

Protecting IP Through Employment Law

Robins Kaplan LLP on

Oftentimes, a patent case will not be decided by patent law, but by employment law. If an invention was developed by an employee or a third-party contractor without the proper agreements in place, the company may find itself...more

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