Fed. Circ. Says Ex-Employer Can't Take IP Under Calif. Law

Law360 (November 19, 2020, 9:12 PM EST) -- A water park attractions company can't claim the rights to three patents co-invented by one of its former employees, the Federal Circuit said Thursday, reversing a California federal court's finding otherwise.

The Federal Circuit invalidated the section of Richard Alleshouse's employment agreement requiring him to assign patents to what's now Whitewater West Industries, even after he'd moved on to another company. After analyzing a pair of California employment laws, the three-judge panel said the assignment provision was illegally broad.

After a bench trial, the lower court had ruled in favor of Whitewater, saying Alleshouse breached his contract with his former employer....

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