Vincent Leppo

Business Law Final

5/6/2015

The questions that have been posed raise several issues regarding employment
law; jurisdiction/venue; causes of action; what relief each party could be expected to
receive from the claims presented and who you believe would prevail on the different
issues of law and how they would deal with the facts presented. It is clear that the proper
court to hear the case would either be in a State Superior Court or a United States District
Court because he/they might be selling items across the United States. The Plaintiff
would have to evaluate what would be the best jurisdiction for him taking into
consideration all the facts of the case. Pages 46-47 of the book there are
pictures that represent how the US court system works.
The fact pattern relates to an action brought on behalf of John Xu. John Xu is in a
position that he starts out as no more than an employee at will but eventually becomes the
sole proprietor of a successful business. On the other hand ILUVROBOTS, Inc. would
have a counterclaim but in fact is really a Plaintiff who will sue John Xu and his company
because the project was developed while he was an employee. Consideration would have
to be given to the fact that ILUVROBOT did not use 100% of John Xus project but it
was done while John was on the clock for the corporation.
The key thing is that the invention/creation was developed
during work time or was derived directly from ideas generated at work
etc.(592) So basically even though John Xus didnt sign any paper

work he was still in their facility using their tools on their time. And
under the shop rights doctrine even if you are an at will employee and
the company had no intentions of you finishing the project they still
own everything you did in their facility using their time and tools.
On page 588 it states Case law since 1950 states that a process
or product essentially equivalent but not identical to a patented
invention may be found to have infringed the patent. So in Johnnys
case he could state that just because Gertrude made these changes it
was still his idea and he still was the thinker and creator of this robot.
If ILUVROBOT is a Plaintiff John Xu has a good counterclaim and it was really his
work product that became successful and Gertrude would be placed in a very difficult
position and if she testifies truthfully under oath would harm ILUVROBOT who
discriminated against John Xu calling him the Chinese menace. Each side can make an
argument but in my opinion I would say that the company would ultimately win Do too
the shop rights doctrine.