Newton

FACTS AND PROCEDURAL BACKGROUND

In 2002, Newton signed a document entitled: “ADVANCED MEDICAL

OPTICS AT-WILL EMPLOYMENT AND INTELLECTUAL PROPERTY AND

ARBITRATION AGREEMENT (“AGREEMENT”).”

The parties agreed to binding arbitration according to the rules of the designated arbiter, Judicial Arbitration and Mediation Services, Inc. (JAMS). The AMO abitration agreement included a clause generally specifying the employment claims to be covered (e.g., wages, discrimination, termination, etc.). The agreement also included a clause generally specifying the employment claims to be excluded (e.g., worker’s

2 compensation, pension, etc.). The exclusion clause further provided, “that all remaining issues will be arbitrated.” The agreement also included the following: “This provision of this Agreement concerning intellectual property, arbitration, or waiver of jury trial shall survive the termination of my employment. It can only be revoked, modified or superceded [sic] by a writing signed by both me and the Company, which specifically states an intent to revoke, modify or supercede [sic] this Agreement.” “This Agreement may be assigned by the Company to a successor of all or part of its…