Common use of Independent Inventions Clause in Contracts

Independent Inventions. Notwithstanding anything in this Agreement to the contrary, Executive's obligation to assign or offer to assign Executive's rights in an Invention to Company will not extend or apply to an Invention that Executive has developed entirely on Executive's own time without using Company's equipment, supplies, facilities or trade secret information unless such Invention: (a) relates to Company's business or actual demonstrably anticipated research or development or (b) results from any work performed by Executive for Company. Executive will bear the burden of proof in establishing that the Invention qualifies for exclusion under this Section 7(g)(iii).

Appears in 5 contracts

Samples: Executive Employment Agreement (Trimeris Inc), Executive Employment Agreement (Trimeris Inc), Employment Agreement (Trimeris Inc)

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Independent Inventions. Notwithstanding anything in this Agreement to the contrary, Executive's ’s obligation to assign or offer to assign Executive's ’s rights in an Invention to Company will not extend or apply to an Invention that Executive has developed entirely on Executive's ’s own time without using Company's ’s equipment, supplies, facilities or trade secret information unless such Invention: (a) relates to Company's ’s business or actual demonstrably anticipated research or development or (b) results from any work performed by Executive for Company. Executive will bear the burden of proof in establishing that the Invention qualifies for exclusion under this Section 7(g)(iiiSubsection 6(g)(iii).

Appears in 5 contracts

Samples: Separation and Severance Agreement, Employment Agreement (Trimeris Inc), Executive Employment Agreement (Trimeris Inc)

Independent Inventions. Notwithstanding anything in this Agreement to the contrary, Executive's obligation to assign or offer to assign Executive's rights in an Invention to Company will not extend or apply to an Invention that Executive has developed entirely on Executive's own time without using Company's equipment, supplies, facilities or trade secret information unless such Invention: (a) relates to Company's business or actual demonstrably anticipated research or development or (b) results from any work performed by Executive for Company. Executive will bear the burden of proof in establishing that the Invention qualifies for exclusion under this Section 7(g)(iiiSubsection 6f (iii).

Appears in 2 contracts

Samples: Settlement Agreement and Release (Efactor Holdings Inc), Settlement Agreement and Release (Efactor Holdings Inc)

Independent Inventions. Notwithstanding anything in this Agreement to the contrary, Executive's obligation to assign or offer to assign Executive's rights in an Invention to Company will not extend or apply to an Invention that Executive has developed entirely on Executive's own time without using Company's equipment, supplies, facilities or trade secret information unless such Invention: (a) relates to Company's business or actual demonstrably anticipated research or development or (b) results from any work performed by Executive for Company. Executive will bear the burden of proof in establishing that the Invention qualifies for exclusion under this Section 7(g)(iiiSubsection 6(g)(iii).

Appears in 2 contracts

Samples: Separation and Severance Agreement (Trimeris Inc), Separation and Severance Agreement (Trimeris Inc)

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Independent Inventions. Notwithstanding anything in this Agreement to the contrary, Executive's ’s obligation to assign or offer to assign Executive's ’s rights in an Invention to Company will not extend or apply to an Invention that Executive has developed entirely on Executive's ’s own time without using Company's ’s equipment, supplies, facilities or trade secret information unless such Invention: (a) relates to Company's ’s business or actual demonstrably anticipated research or development or (b) results from any work performed by Executive for Company. Executive will bear the burden of proof in establishing that the Invention qualifies for exclusion under this Section 7(g)(iii).

Appears in 2 contracts

Samples: Executive Employment Agreement (Trimeris Inc), Executive Employment Agreement (Trimeris Inc)

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