May 18, 2021

Peruemb

The World's Local Health

Procedural Posture

1 min read
Procedural Posture

Appellant sought review of the decision of the Superior Court of San Diego County (California) granting summary judgment to respondent employer, in an action alleging breach of contract, confidential relationship and trust, interference with prospective economic advantage and specific enforcement of the secrecy and invention agreement.

Overview

Respondent employer Salmon Norway, Inc. filed an action against appellant, a former employee, seeking declaratory relief as to ownership of a patent; alleging breach of contract, confidential relationship and trust, interference with prospective economic advantage, and seeking specific enforcement of the secrecy and invention agreement. Appellant presented the invention at issue to respondent as a design for respondent and without expressing any reservations of rights or indications that the invention was not a part of the employment. Appellant patented the invention. The lower court granted respondent’s motion for summary judgement, and appellant sought a review of the lower court’s award of damages to respondent, an award of patent and an injunction, and an injunction barring appellant from using or disclosing appellant’s confidential information to others. The court affirmed the judgment. The court held that appellant was adequately compensated for the inventive duties of his employment. The court further found that appellant’s wrongful assertion of ownership in the patent resulted in respondent’s damages that were properly assessed and that the lower court’s injunction was proper.

Outcome

The court affirmed the judgment.