Re: Software IPR

Subject: Re: Re: Software IPR

Comments:
: : Things have moved on somewhat since my previous posting. I have decided to resign and continue to develop software in the same general area as that which I developed at the University. I do not in any way intend to use code (or even the same algorithms) I developed there. : : Though nobody has said anything yet, The University is clearly afraid that a group of us will leave and has said that if anyone leaves and works on similar applications - for themselves or another company - they WILL sue that individual, claiming theft of 'know-how'. : : I would be quite prepared to make all my new source-code available to the University for inspection (under a non-disclosure agmt.) if they need to reassure themselves that IPR has not been stolen. However, I feel the University seems to regard the whole application area as it's own, rather than any existing work that's been done, and that this would not be satisfactory to them. : : Question: Can they sue?, More importantly, what can we do against a clearly unreasonable law-suit, given that they have lots of money and we have little? : : Kind Regards, : : Rachel : I am not aware of any cause of action for theft of "know-how". Trade secrets yes! For trade secrets it is my belief that they must be defined and a written agreement may be required to maintain a cause of action. There is also a burden on the owner to take steps to protect and notify. An outsiders intrusion my be different. In the Federal Courts the party and the attornies are under a burden to justify a cause of action. There are penalties for overreaching. Reality says that it may cost you much pain and money even if you prevail an illegitimate attack. There may be pro bono help if you are victimized. It may be hard to find. Don't open youself to giving the University a gtatuitious look at what you do after you leave. Create a paper trail of correspondence with the University to make them put up or shut up. Make them reply and define what thay think they have and what they want. : M. Arthur Auslander : E arly L egal A dvice I s N ot E xpensive : ELAINE's Workshop (sm): : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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