Free Declaration in Support - District Court of California - California

Case 5:07-cv-05248-JW

Document 137-2

Filed 04/10/2008

Page 1 of 6

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Case 5:07-cv-05248-JW

Document 137-2

Filed 04/10/2008

Page 2 of 6

.
EMPLOYMENT AGREEMENT

.

NAME

V/A)

DATE_______ q.

DEPARTMENT ,4c2 T
The and of following

2!-tcL T_4. 2
between

agreement

Applied

Materials,

Inc.

("Company")

2#'fJ?tz/1 frri) ("Employee") relates to confidential affairs
Company and to inventions conceived or made by Employee and is made in of his employment by Company and the salary to be paid

consideration thereunder.

1.

CONFIDENTIAL INFORMATION
Confidential information shall

mean

all

information obtained by or

disclosed development limited results known to

to

Employee by Company which relates to Company's research, and business activities, including in particular, but not and supplier lists and trade secrets and the

to, of or

customer

work by Employee, except such information as is previously is independently prior as all or developed by Employee or is publicly

disclosed

either

subsequent may such be

to Employee's receipt of such by Company in writing,

information. Employee confidence anyone shall

Except hold

authorized

confidential information in trust and

for Company, and agrees not to disclose such information to of Company, either during or after employment with

outside

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Case 5:07-cv-05248-JW

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Page 3 of 6

Company. termination request, drawings, information materials, The to of rights the the

Employee of

further

agrees to deliver promptly ti Company on with Company, or at any time it may so

employment memoranda, and to

all

notes, notebooks, records, reports, manuals, any other documents containing confidential Company, Including all copies of such

blueprints belonging which and

Employee may then possess or have under his control. obligations of this paragraph shall survive according

terms

hereof and continue after any expiration or termination or the employment specified herein so long as the shall remain confidential as defined

Agreement

information herein.

specified

herein

2.

INVENTIONS AND PATENTS Employee agrees that ideas all or inventions discoveries, (including whether new contributions, patentable or not)

improvements, conceived, jointly provided are

made or first actually reduced to practice by him solely or others during the period of his employment by Company,

with such

Inventions grow out of Employee's work with Company, or In any manner to the business of Company or of any of its shall belong to Company, and Employee agrees that he

related

subsidiaries, will: a. b.

Promptly disclose the inventions to Company; Assign to Company, the at its request and without additional

compensation,

entire

rights to the inventions for the United

States and all foreign countries; c.
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APPLIED MATERIALS CONFIDENTIAL/HR

out the above;

Case 5:07-cv-05248-JW

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Document 137-2

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d.

Give testimony (but without expense to Employee) In support of his inventorship; and Employee agrees to accept the payments provided for his regular employment as his sole compensation for the use

by Company of any such information disclosed by him to Company or any such patents obtained by it in said fields or any other fields, unless Company at its option elects to compensate Employee additionally for any such disclosed invention.

In case any invention is described in a patent application or is disclosed to third parties by Employee within one (1) year after leaving the employ of Company, it is to be presumed that the invention was conceived or made

during the period of his employment by Company, and the invention will belong to CompAny, provided it related to Employee's work with Company or
to the business

of Company or any of its subsidiaries.

Employee agrees

that Company shall

be entitled to shop rights with respect to any

invention conceived or made by him which Is not within the scope of the above meaning of the terms, but which was conceived or made wholly or in pert on Company's time or with the use of Company's materials. facilities or

With respect to any inventions or developments which Employee

considers to have been made by him prior to his employment by Company so as to be excluded from the terms hereof, Employee has attached hereto as

Schedule 1 a list of all such excluded inventions and a brief description of each.

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APPLIED MATERIALS CONFIDENTIAIJHR

Case 5:07-cv-05248-JW

Document 137-2

Filed 04/10/2008

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THIS WHICH

AGREEMENT DOES NOT APPLY TO ANY INVENTION, IMPROVEMENT OR DEVELOPMENT QUALIFIES FULLY UNDER THE PROVISIONS OF SECTION 2870 OF CHAPTER 2 OF 3 OF CALIFORNIA LABOR CODE, A COPY OF WHICH IS REPRINTED ON THE

DIVISION

REVERSE OF THIS EMPLOYMENT AGREEMENT.

Employee binding

agrees upon his

that

all

his

obligations under this Agreement shall be

heirs, executors, administrators, legal representatives

and assigns.

EMPLOYEE HOME ADDRESS (Q7l

-j------
;;i 3 C-4A

APPLIED

TE

ALS,

NC.

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Case 5:07-cv-05248-JW

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SECTION follows:

2870,

CHAPTER 2, DIVISION 3 OF THE CALIFORNIA LABOR CODE reads as

"Any shall to

provision assign or or her

in an employment agreement which provides that an employee offer to assign any of his or her rights in an Invention employer shall not apply to an invention for which no

his

equipment, was (a) the or the is used which

supplies, facility, or trade secret information of the employer and which was developed entirely on the employee's own time, and does not relate (1) to the business of the employer or (2) to

employer's actual or demonstrably anticipated research or development, (b) which does not result from any work performed by the employee for Any provision which purports to apply to such an invention extent against the public policy of this state and is to that

employer. to that

extent void and unenforceable.."

APPLIED MATERIALS CONFIDENTIAL/HR