Marty

Cubic Corp. v. Marty

Good Law
185 Cal. App. 3d 438·1986 Cal. App. LEXIS 2013·229 Cal. Rptr. 828·1 U.S.P.Q. 2d (BNA) 1709·66 A.L.R. 4th 1115
Court of Appeal of CaliforniaAugust 27, 1986D001057California5,591 words

Opinion

Opinion

Staniforth, J.

William B. Marty, Jr., appeals a judgment awarding Cubic Corporation $34,102 for Marty’s breach of an invention agreement signed when he began his employment with Cubic, awarding the patent to the invention to Cubic and enjoining Marty from exploiting any rights under the patent or using or disclosing Cubic’s confidential information to others.

Facts

When Marty became a Cubic employee in December 1976, he signed an invention and secrecy agreement (hereafter the Agreement) which provided in pertinent part that the employee agreed: “To promptly disclose to Company all ideas, processes, inventions, improvements, developments and discoveries coming within the scope of Company’s business or related to Company’s products or to any research, design experimental or production work carried on by Company, or to any problems specifically assigned to Employee, conceived alone or with others during this employment, and whether or not conceived during regular working hours. All such ideas, processes, trademarks, inventions, improvements, developments and discoveries shall be the sole and exclusive property of Company, and Employee assigns and hereby agrees to assign his entire right,…

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