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Federal Circuit Reminds Us That IP Assignments in Employee Agreements Are Important by Daniel G. Vivarelli
Hunton & Williams LLP - Washington Office
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August 8, 2012
Previously published on August 1, 2012
The U.S. Court of Appeals for the Federal Circuit recently reminded us of something we all know: employee agreements that include an express assignment of intellectual property are effective. In Preston v. Marathon Oil Co., the Federal Circuit held that an employee agreement stating that an employee “hereby assign[s]” all “Intellectual Property” is an express assignment of rights in future inventions that automatically assign without the need for any additional act. No. 2011-1013, -1026, slip op. (Fed. Cir. July 10, 2012). Employers, particularly in-house counsel, should therefore ensure that their respective companies’ employee agreements include a similar express assignment of intellectual property.
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