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Question
A software engineer, Jordan, signs Vertex Healthcare's inventions clause: “All inventions conceived or reduced to practice during the term of employment, and related to Vertex’s business or developed with Vertex’s time, facilities, or resources, shall be the sole property of Vertex.” During his term of employment, but entirely at home after hours, using his personal laptop and home network, and not related to Vertex’s business, Jordan develops a novel firmware algorithm and files for a patent in his own name. Vertex seeks ownership of the patent. (a) Who owns the patent given these facts? (b) What is the controlling doctrine at play, and how does it apply to the facts? (c) If Vertex wishes to assert ownership, what must it prove to overcome Jordan’s title to the patent, and how would the outcome change if Jordan had used Vertex resources or if the invention related to Vertex’s business?