When 'Will' Won't Do In Employment Agreements

Law360, New York (September 22, 2008, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit recently held that federal law, not state law, determines the effect of a provision in an employment agreement assigning an employee's rights in a patent to his employer. DDB Technologies LLC v. MLB Advanced Media LP, Fed., Cir., No. 2007-1211, 2/13/08. The Federal Circuit's decision provides a roadmap for employers to obtain successful assignments of employee's patent rights.

The case began in 2004 when DDB Technologies LLC filed suit against MLB Advanced Media LP alleging that several...
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