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Message
Posted on 9/26/14 at 10:24 pm to PurpleHeart12
Get a lawyer to look at the contract you signed
Posted on 9/26/14 at 10:36 pm to Mudge87
Different lawyers say different things. Just seeing if anyone has been through this before.
Posted on 9/26/14 at 10:47 pm to PurpleHeart12
You're not understanding each parties interests.
1) Of course the non patent holding company wants to know what you guys are doing at your current company.
2) of course the patent holder is pissed, he knows the value of what he holds the patent for. He plans on it being his cash out.
3) of course he's a bitch for threatening you. You're a bigger bitch if you stay.
4) You are at the point where negotiations begin. "Hey, I just received this job offer from company X. I'm interested, it's a substantial step up with a sizeable bump in compensation." pause.... "What are you prepared to offer to keep me?"
5)????????
6) profit.
1) Of course the non patent holding company wants to know what you guys are doing at your current company.
2) of course the patent holder is pissed, he knows the value of what he holds the patent for. He plans on it being his cash out.
3) of course he's a bitch for threatening you. You're a bigger bitch if you stay.
4) You are at the point where negotiations begin. "Hey, I just received this job offer from company X. I'm interested, it's a substantial step up with a sizeable bump in compensation." pause.... "What are you prepared to offer to keep me?"
5)????????
6) profit.
Posted on 9/26/14 at 10:51 pm to PurpleHeart12
He will make your experience miserable if you stay. Too late now.
Posted on 9/26/14 at 10:52 pm to CtotheVrzrbck
Haha!! If the conversation went that way that would be great and I would have no reason to ask a question to this board!! Cause I would be busy trying to figure out what to do with my money. Un fortunately it didn't. And I trying not to get my arse in between two companies with a lot more money then I have and being stuck in the middle of a legal battle. I want the other job but trying to weigh my options and figure out the best way to go about it. Thanks anyway
Posted on 9/26/14 at 10:59 pm to PurpleHeart12
If it is patented then the device is disclosed anyway. What kind of patent? A tool? A process?
Is the new company licensed to use his patent? Do you actually know anything confidential?
Definitely tell the new company about the threat.
The easy answer is take the new job with an unrelated title. Something like QHSE mngr or Service Quality. Don't put any trade info in emails or traceable documents. Just do your job and keep your mouth shut publicly.
Do not go after your old customer base. That can be proven in a court of law whether you are involved directly or not.
ETA: if he sues he has to show damages, you can prevent that by being smart
Is the new company licensed to use his patent? Do you actually know anything confidential?
Definitely tell the new company about the threat.
The easy answer is take the new job with an unrelated title. Something like QHSE mngr or Service Quality. Don't put any trade info in emails or traceable documents. Just do your job and keep your mouth shut publicly.
Do not go after your old customer base. That can be proven in a court of law whether you are involved directly or not.
ETA: if he sues he has to show damages, you can prevent that by being smart
This post was edited on 9/26/14 at 11:00 pm
Posted on 9/26/14 at 11:05 pm to PurpleHeart12
If you think this is bad, wait til he comes after you for his dumb property, as well.
Posted on 9/26/14 at 11:06 pm to supatigah
It's a system used to do testing. Both company's came out with the product around the same time. And he said he has it patent on it, I'm not sure if he does or not. He did say he warned them that they were infringing on a patent. I have only used the equipment, I don't know anything about the design of it. I had know idea it was this deep until after I have my notice about leaving.
Posted on 9/26/14 at 11:07 pm to shutterspeed
If you think this is bad, wait til he comes after you for his dumb property,
??????
??????
This post was edited on 9/26/14 at 11:10 pm
Posted on 9/26/14 at 11:12 pm to PurpleHeart12
quote:
a confidenality agreement.
Which states?
Posted on 9/26/14 at 11:14 pm to PurpleHeart12
Pretty easy to do a patent search on the Internet and see if he is telling the truth. Just do a patent search for his name.
Honestly if you have something to do with the patent or were part of the development team for the patent then you are stuck. If you are just a technician and used the thing then the only trade secret you have is your training. Which is meaningless unless you go after his clients and he can show damages via lost revenue
Just working somewhere and being trained is not a confidential situation it is merely a trade secret that is void once someone with the training leaves.
Not signing a non-compete is far more important than signing a confidentiality agreement. Remember his lawyer will have to prove what you learned is legally confidential and you caused damages after you left
Definitely talk to the new company, their IP attorney will vet your situation and give you facts not speculation. If your old boss is lying they will know pretty quickly
You want to be a standup guy and be honest, don't hide anything
Honestly if you have something to do with the patent or were part of the development team for the patent then you are stuck. If you are just a technician and used the thing then the only trade secret you have is your training. Which is meaningless unless you go after his clients and he can show damages via lost revenue
Just working somewhere and being trained is not a confidential situation it is merely a trade secret that is void once someone with the training leaves.
Not signing a non-compete is far more important than signing a confidentiality agreement. Remember his lawyer will have to prove what you learned is legally confidential and you caused damages after you left
Definitely talk to the new company, their IP attorney will vet your situation and give you facts not speculation. If your old boss is lying they will know pretty quickly
You want to be a standup guy and be honest, don't hide anything
Posted on 9/26/14 at 11:15 pm to PurpleHeart12
There is no way he has a damn thing. If he could have proved patent infringement he would already have them in court.
Take the job.... tomorrow. frick the two weeks. Your current employer is a grade a douche bag who is full of shite.
Take the job.... tomorrow. frick the two weeks. Your current employer is a grade a douche bag who is full of shite.
Posted on 9/26/14 at 11:24 pm to supatigah
I will look up his patent and see if I can find anything. I had nothing to do with the development of it. It was already created when I got there. I'm 'was trying to leave on good terms and be honest with them. Not hide anything and not take anything with me when I left. I have no customer contacts I have no emails with any names or phone numbers. I'm just looking to do more work and make more money.
When I start at this company they are going to train me just like every other person they are hiring.
Thanks
When I start at this company they are going to train me just like every other person they are hiring.
Thanks
Posted on 9/26/14 at 11:27 pm to PurpleHeart12
We deal with this all the time at my work
You are fine unless you damage his company and he can prove it. You aren't his property, he can't keep you indefinitely and he definitely can't prevent you from working
He sounds like a real a-hole
You are fine unless you damage his company and he can prove it. You aren't his property, he can't keep you indefinitely and he definitely can't prevent you from working
He sounds like a real a-hole
Posted on 9/26/14 at 11:27 pm to PurpleHeart12
This is the story of my life.
Posted on 9/26/14 at 11:29 pm to PurpleHeart12
quote:Lucky for you, intellectual property doesn't exist; it's a myth.
Intellectual Property
Posted on 9/26/14 at 11:32 pm to jcole4lsu
quote:
grade a douche
Nope. He is a grade a chickenshit. It is ALL bluster cause he KNOWS he doesn't have a leg to stand on.
Seen it before, pal.
Posted on 9/26/14 at 11:37 pm to PurpleHeart12
Are you in LA or Tex or elsewhere?
This is important : the fastest way to get sued is to take any information. Don't take a single thing. Don't email yourself anything. Don't put anything on a USB drive. if you have family pics on your computer tell them you need to remove personal files like photos and have them watch you do it. If you have company stuff in your car or home return it when you resign.
This is important : the fastest way to get sued is to take any information. Don't take a single thing. Don't email yourself anything. Don't put anything on a USB drive. if you have family pics on your computer tell them you need to remove personal files like photos and have them watch you do it. If you have company stuff in your car or home return it when you resign.
Posted on 9/26/14 at 11:37 pm to PurpleHeart12
quote:
I got another job offer from a company that uses the same systems. My employer threatens to sue me if I take the job.
What can be done to me?
Your employer can likely go frick themselves.
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