Wrongful Termination... For Patent Harassment?

Mr. Overson is currently the head of the 175-attorney Litigation Department in Morrison & Foerster’s San Francisco office. His practice has focused on complex litigation involving technological, scientific, and medical issues. Mr. Overson graduated from Reed College in 1988, and received his J.D., cum laude, from the University of California, Hastings College of the Law, in 1991. He also studied at the Freie Universitaet in Berlin, Germany, and is fluent in German. He may be reached at woverson@mofo.com.

You became the head of IP at your company in part because you realized the importance of getting new inventions on file as quickly as possible.  You instituted systems to get the paperwork done and prodded the inventors to get their declarations signed and on file.  Your efforts paid dividends.  The company's patent portfolio grew.  It all looked good until … your actions led to a huge wrongful termination claim.  

It started with this one employee named John.  He frequently complained about management and his co-workers, but he was creative, and many of the company's core patents listed him as an inventor.  His productivity made up for his attitude.  The really inventive types were always a bit different, right?  You put up with him.  He received g...