White

BACKGROUND

Factual Background

L.A. Biomed is a non-profit medical research institute that allows visiting researchers to use its state-of-the-art equip- ment and facilities. Researchers wishing to use the facilities are generally required to sign a Patent and Copyright Agree- ment (“P&C Agreement”). In 1985, Dr. White became an assistant professor of surgery at Harbor-UCLA Medical Cen- ter and signed L.A. Biomed’s P&C Agreement. The P&C Agreement states in pertinent part:

This agreement is made by me with . . . Harbor- UCLA Medical Center, a non-profit corporation, hereinafter referred to as the “Institute”, in part con- sideration of my employment . . . and/or my utiliza- tion of Institute research facilities.

I understand and agree that every possibly patent- able device, process, or product hereinafter referred to as “invention”, which I conceive and/or reduce to practice while employed by the Institute, or during the course of my utilization of any Institute research facilities, shall be examined by the Institute to deter- mine rights and equities therein in accordance with the Institute’s Patent and Copyright Policy.

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I further agree that, in the event any such…