Free Exhibits - District Court of California - California

Case 3:07-cv-02845-WHA Document 54 Filed 11/21/2007 Page 1 of 3
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850 Lincoln Centre Drive, Foster City California 94404 U.S.A
Tel: (415) 570-6667 - Telex: 470052 APBIO Ul · Fax: 415-572-2743
APPLIED BIOSYSTEMS, INC.
EMPLOYEE INVENTION AGREEMENT
1. As an employee of Applied Biosystems, Inc. (the "Company"),
and in consideration of the compensation now and hereafter paid
to me, I agree at all times during the term of my employment and
thereafter, to hold in strictest confidence, and not to use or to
disclose to any person, firm or corporation, without express
authorization of an officer of the Company, any information,
manufacturing technique, processes, formulas, development or ex-
perimental work, work in process, trade secrets or any other
proprietary or confidential matter relating to the products,
sales or business of the Company.
2. I further agree that I will promptly make full disclosure to
the Company, will hold in trust for the sole right and benefit of
the Company, and will assign all my right, title and interest to,
any and all inventions, discoveries, developments, improvements
or trade secrets which I may solely or jointly conceive, develop
or reduce to practice, or cause to be conceived, developed or
reduced to practice, during the period of time I am in the employ
of the Company, except any invention, discovery, development, im-
provement or trade secret as to which I can prove that
(a) it was developed entirely on my own time; and
(b) no equipment, supplies, facility or trade secret of the
Company was used in its development; and
(c) (i) it does not relate to the business or actual or
demonstrably anticipated research or development of the Company,
or (ii) it does not result from any work performed by me for the
Company.
Notwithstanding the foregoing, I also assign to or as directed by
the Company all my right, title and interest in and to any and
all inventions, discoveries, developments, improvements or trade
secrets, full title to which is required to be in the United
States by a contract between the Company and the United States or
any of its agencies.
§ DEFENDANTS
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3. I agree to execute any proper oath or verify any proper docu-
ment in connection with carrying out the terms of this agreement.
In the event the Company is unable because of my mental or physi-
. cal incapacity or for any other reason whatsoever to secure my
signature to apply for, or to pursue any application for any
United States or foreign letters patent, covering inventions as-
signed to the Company as stated above, I hereby irrevocably
designate and appoint the Company and its duly authorized officer
and agents as my agent and attorney in fact, to act for and in my
behalf and stead to execute and file any such applications and to
do all other lawfully permitted acts to further the prosecution
and issuance of letters patent thereon with the same legal force
and effect as if executed by me. I have attached hereto a list
describing all inventions made by me prior to my employment with
the Company belonging to me, relating to the Company’s proposed
business and products and not assigned to the Company, or, if no
such list is attached, I represent that there are no such inven-
tions. I hereby waive and quitclaim to the Company any and all
claims of any nature whatsoever which I now or may hereafter have
for infringement of any patent or patents resulting from any such
application for letters patent assigned hereunder to the Company.
4. I recognize that the Company may receive from third parties
their confidential or proprietary information subject to a duty
on the Company’s part to maintain the confidentiality of such in-
formation and to use it only for certain limited purposes. I
agree that I owe the Company and such third parties during the
term of my employment and thereafter a duty to hold all such con-
fidential or proprietary information in the strictest confidence
and not to disclose it to any person, firm or corporation (except
as necessary in carrying out my work for the Company consistent
with the Company’s agreement with such third party) or use it for
the benefit of anyone other than for the Company or such third
party consistent with the Company’s agreement with such third
party without the express authorization of an officer of the Com-
pany.
5. I further agree that at the time of leaving the employ of the
Company, I will deliver to the Company and will not keep in my
possession, nor deliver to anyone else, any and all drawings,
blueprints, notes, memoranda, specifications, devices, documents,
or any other material containing or disclosing any of the matters
referred to herein.
6. I agree that I will not during my employment at the Company
improperly use or disclose any proprietary information or trade
secrets of my former or concurrent employers or companies, if
any, and that I shall not bring onto the premises of the Company
any unpublished document or any property belonging to my former
or concurrent employers or companies, if any, unless consented to
in writing by said employers or companies.
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7. The provisions of this agreement requiring assignment to the
Company do not apply to any invention which qualifies fully under
the provisions of Section 2870 of the California Labor Code. I
will advise the Company promptly in writing of any inventions,
discoveries, developments, improvement or trade secrets that I
believe meet the criteria in subparagraphs 2(a), (b) and (c)
_ above: and I will at that time provide to the Company in writing
all evidence necessary to substantiate that belief. I understand
that the Company will keep in confidence and will not disclose to
third parties without my consent any confidential information
disclosed in writing to the Company relating to inventions which
qualify fully under the provisions of Section 2870 of the
California Labor Code.
I§wyIINESS WHEREOF, I have subscribed my name hereunto this
day of Zéjfi? / , l99j§;r
//
Signature
jgééguiee Mécerzcl
Print Name
» Witness
Ed. 4/90
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