Re: obligations of ex-employee to defend assigned patent

Subject: Re: Re: obligations of ex-employee to defend assigned patent

Comments:
: : : : Someone I know retired a few years ago. Before he retired he was awarded a patent which he duly assigned to his employer as required by his employment agreement. : : Recently, lawyers from his previous employer have asked him to help them defend the patent in court. Is he obliged to do so? Are his obligations in this respect solely those embodied in the agreements he signed while he was employed? : Dear D Denholm, : He can be subpeoned and forced to testify in view of his knowledge of the situation. His employment agreement may spell out more. : He can legitimately negotiate compenstation for the work or time he spends. It would be well for him to speak to an experienced IP lawyer before he acts, although he can be compelled to cooperate in the matter. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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