News & Analysis as of

Employee Inventors

Brooks Kushman P.C.

Innovations at Work: Who Really Owns Employee-Created Inventions?

Brooks Kushman P.C. on

Let’s say your employee, using company resources, develops a software algorithm that could revolutionize your product line. That’s great news, right? But before you issue a press release and pop the champagne corks, you must...more

Fox Rothschild LLP

New Law in New York Threatens Employer Ownership of Employee Inventions

Fox Rothschild LLP on

New York state recently amended Labor Law Section 203-f, codifying a hurdle for employers who seek to claim ownership over an employee's inventions. The law, which is similar to laws enacted in other states[1], has three...more

Epstein Becker & Green

New York Employers: Important Legislative Updates from Albany

Epstein Becker & Green on

For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant...more

Seyfarth Shaw LLP

Hands Off My Inventions! New York Imposes New Restrictions on Employment Agreements

Seyfarth Shaw LLP on

On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees....more

Cozen O'Connor

New Law in New York Prohibits Certain Employee Invention Assignment Agreements

Cozen O'Connor on

On September 15, 2023, a new law was signed in New York that prohibits employers from requiring that employees assign certain intellectual property rights to their employer. This new law impacts policies and practices that...more

Troutman Pepper

New York Narrows the Scope of Employee “Invention Assignment” Provisions

Troutman Pepper on

On September 15, New York enacted Labor Law Section 203-f, limiting the enforceability of invention assignment provisions in employment agreements. Under the new law, employers do not have rights to any employee inventions...more

Littler

New York Seeks to Limit the Scope of Permissible Invention Assignment Agreements

Littler on

The New York State Legislature passed Senate Bill 5640 / Assembly Bill 6829 on June 6, 2023, which, if the governor signs, would amend the Labor Law and add a new section 203-f, regulating the use and enforceability of...more

Holland & Knight LLP

Seventh Circuit Opinion Reminds of Need to Identify Trade Secrets with Particularity

Holland & Knight LLP on

Actuators are remotely operated mechanized devices used in a variety of applications, such as opening and closing valves. They are often operated hydraulically, which requires them to have their own valves. Maintaining the...more

Womble Bond Dickinson

Inventor Assignments – Problems on the Horizon

Womble Bond Dickinson on

Two weeks ago, the Supreme Court heard oral argument in Minerva Surgical Inc. v. Hologic, Inc. over the rather arcane issue of assignor estoppel. Stop - I can figuratively feel your eyes rolling after reading the phase...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (April 26-30): The Potentially Limited Life Of IP Assignment Provisions In Employment Contracts

Today’s big news in the patent world is probably the CVSG in American Axle and the potential for a new Supreme Court case on subject-matter eligibility. But the day-to-day work goes on at the Federal Circuit, including with...more

McDermott Will & Emery

[Webinar] Employee Inventions - Keys to mastering the financial and litigation aspects of employee inventions - May 18th, 9:30 am...

McDermott Will & Emery on

Laura Morelli and Charles de Raignac will host a two part series of webinars over two mornings, focused on employee inventions, in which you will learn everything you need to know to set up your compensation policy for...more

McDermott Will & Emery

[Webinar] Employee Inventions - Keys to mastering the legal framework for employee inventions - May 11th, 9:30 am - 10:30 am CEST

McDermott Will & Emery on

Laura Morelli and Charles de Raignac will host a two part series of webinars over two mornings, focused on employee inventions, in which you will learn everything you need to know to set up your compensation policy for...more

Porter Hedges LLP

Seemingly Simple Things that Are Often Done Wrong: Patent Assignments and The German Act On Employee Inventions

Porter Hedges LLP on

The vast majority of patent litigation involves a patent or a patent portfolio that has been assigned at least once during its life. Yet seemingly simple and ubiquitous patent assignment documents are blundered by even...more

Kidon IP

Employees or Independent Contractor Generated IP (Part 2)

Kidon IP on

 In part 1, I reviewed patents and copyrights. In this post, I will discuss trade secrets, IP rights, and other protection measures.  Trade Secrets - No federal or state statute expressly addresses initial ownership of...more

Kidon IP

Employees or Independent Contractor Generated IP (Part 1)

Kidon IP on

This post will provide an overview of key IP issues encountered when dealing with employees and independent contractors. We will cover the default ownership rules and rights for different types of IP and some tips on how to...more

Fenwick & West LLP

Avoiding Loss of Title to Inventions Made Under Federal Funding as New Bayh-Dole Requirements Affect Patent Rights

Fenwick & West LLP on

Federal grants are an important source of funding for many businesses and research institutions. The Bayh-Dole framework provides contractors the ability to retain title to an invention developed using federal funding, but...more

Knobbe Martens

Federal Circuit Review - December 2018

Knobbe Martens on

Assignor Estoppel Does Not Apply in the IPR Context - In Arista Networks, Inc. v. Cisco Systems, Inc., Appeal Nos. 2017-1525, 2017-1577, the Federal Circuit held that the plain language of 35 U.S.C. § 311(a) unambiguously...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - December 2018: Federal Circuit Holds No Assignor Estoppel in AIA Proceedings

Recently, the Federal Circuit held that an ex-employee (of Cisco) who founded a competitor (Arista) can challenge their own assigned patent, finding that, after assignment, they are not the patent owner. The Court held that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - December 2018

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Sunstein LLP

August 2018 IP Update - Revisions to Bayh-Dole Act Regulations Governing Rights to Federally Funded Inventions

Sunstein LLP on

Rules affecting recipients of federal research and development funding have recently been revised, adding new deadlines and obligations. Changes to the regulations implementing the Bayh-Dole Act went into effect on May 14,...more

Foley & Lardner LLP

Invention Assignment Agreements – How to Avoid Pitfalls

Foley & Lardner LLP on

Intellectual property assets are the lifeblood of many businesses today. No employer wants to see those assets walk out the door when an employee leaves. Employee invention assignment agreements are one crucial tool for...more

Farrell Fritz, P.C.

Dissension Follows When Business Owners Don’t Put Their IP House in Order

Farrell Fritz, P.C. on

When you think about protecting a business firm’s intellectual property (IP), usually you think about protecting it from infringement by external actors. But there also are internal threats — even mortal ones — to the...more

Knobbe Martens

Federal Circuit Review - February 2018

Knobbe Martens on

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

Downs Rachlin Martin PLLC

Are You Sure You Own That Patent?

Hint: The standard employment agreement you have been using that includes an assignment of IP provision might not be sufficient. - In the United States, employers don’t own an employee’s or consultant’s inventions unless...more

Carlton Fields

If Your Employment Agreements Use This One Word, Ownership of Your Patents May Be in Jeopardy

Carlton Fields on

What is the difference between an employment agreement that says “I hereby assign inventions I create during my employment to my employer,” and one that says “I will assign inventions I create during my employment to my...more

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