Reply-to: Geoffrey Fox To: "Brian D. Voss" Subject: FYI Date: Tue, 02 Oct 2001 19:43:14 -0400 From: Geoffrey Fox Geoffrey Fox gcf@indiana.edu FAX 8128567972 Phones Cell 315-254-6387 Home 8123239196 Lab 8128567977 CS 8128553788 ------- Forwarded Message Date: Tue, 02 Oct 2001 17:41:56 -0600 From: "Dirk Mueller" To: "Geoffrey C. Fox (indiana.edu)" Subject: Update This is a multi-part message in MIME format. - ------=_NextPart_000_007F_01C14B69.87EBA060 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Geoffrey, hope you are making progress. =20 So the clause, which is normally taking care of matters with rgds to IP = has been put=20 by other Universities into our agreement as 9.3. =20 9.3 Notwithstanding any other provision of this = Agreement, it is understood and agreed that the Consultant by virtue of = his employment at the University of .... has a prior commitment with = respect to inventions and discoveries and that all rights in any = invention or discovery of the Consultant are subject to the terms and = conditions of the Consultant's patent agreement with the University of = .... If you have a patent agreement as part of your agreement with the = University. Normally a clause like this one is included in such a = patent agreement between the individual and the respective University. '... Furthermore, I will disclose promptly and fully to the University = all matters, whether patentable or not, that I may solely, or jointly = with others, develop wholly or partly in the course of any work in which = I may engage covered by any contract between the University and others = (including the United States government and its agencies). ...' Logically, by 3CV agreeing to such a clause as described under 9.3, we = automatically accept the terms of the patent agreement between the = individual and the respective University. By virtue of 3CV agreeing to = a clause 9.3, we accept that University IP, covered by the individual's = patent agreement with the respective University, is not covered by our = definition of IP developed for 3CV under the 3CV consulting agreement. Hope this is helpful. Rgds Dirk The information contained in this e-mail message is from 3CV and may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any further disclosure or use, dissemination, distribution, or copying of this message or any attachment is strictly prohibited. If you think that you have received this e-mail message in error, please delete the e-mail, and either e-mail the sender at the above address or notify us at our telephone number 312-362-2175. =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D Dirk Mueller=20 3CV LLC 440 South LaSalle, Suite 1522 Chicago, Illinois 60605 T: +1-312-362 2175 F: +1-312-663 3058 M: +1-312-543 0803 http://www.3CV.com =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20 - ------=_NextPart_000_007F_01C14B69.87EBA060 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Geoffrey,
 
hope you are making progress.  =
 
So the clause, which is normally taking = care of=20 matters with rgds to IP has been put
by other Universities into our = agreement as=20 9.3.
 
 =20

9.3           = ;            = =20 Notwithstanding any other provision of this Agreement, it is = understood=20 and agreed that the Consultant by virtue of his employment at the = University of=20 .... has a prior commitment with respect to inventions and discoveries = and that=20 all rights in any invention or discovery of the Consultant are subject = to the=20 terms and conditions of the Consultant’s patent agreement with the = University of=20 ....

 
If you have a patent agreement as part = of your=20 agreement with the University.  Normally a clause like this one is = included=20 in such a patent agreement between the individual and the respective=20 University.
 
'... Furthermore, I will disclose = promptly and=20 fully to the University all matters, whether patentable or not, that I = may=20 solely, or jointly with others, develop wholly or partly in the course = of any=20 work in which I may engage covered by any contract between the = University and=20 others (including the United States government and its agencies).=20 ...'
 
 
Logically, by 3CV agreeing to such a = clause as=20 described under 9.3, we automatically accept the terms of the patent = agreement=20 between the individual and the respective University.  By virtue of = 3CV=20 agreeing to a clause 9.3, we accept that University IP, covered by the=20 individual's patent agreement with the respective University, is not = covered by=20 our definition of IP developed for 3CV under the 3CV consulting=20 agreement.
 
Hope this is helpful.
 
Rgds  Dirk
 
 
 
 
The information contained in this = e-mail message is=20 from 3CV
and may be privileged, confidential, and protected from=20 disclosure.
If you are not the intended recipient, any further = disclosure or=20 use,
dissemination, distribution, or copying of this message or=20 any
attachment is strictly prohibited. If you think that you have=20 received
this e-mail message in error, please delete the = e-mail,
and=20 either e-mail the sender at the above address or notify us at = our
telephone=20 number 312-362-2175.
 
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
Dir= k Mueller
3CV=20 LLC
440 South LaSalle, Suite 1522
Chicago, Illinois 60605
T: = +1-312-362=20 2175 F: +1-312-663 3058
M: +1-312-543 0803
http://www.3CV.com
=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20
 
 
 
 
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