>
This wasn't the "you came by our office for lunch" NDA. This was the "you worked here for a while, and we trained you and taught you our techniques, which you later used in an invention" NDA.Citation for the first assertion? Here's an excerpt from the Supreme Court's summary of the facts: One Dr. Mark Holodniy [0], who had recently joined a Stanford lab as a fellow, "signed a Visitor's Confidentiality Agreement (VCA). That agreement stated that Holodniy "will assign and do[es] hereby assign" to Cetus [predecessor to Roche] his "right, title and interest in each of the ideas, inventions and improvements" made "as a consequence of [his] access" to Cetus." [1] The trial court's opinion [2] states that Holodniy signed the VCA "[a]t the time he began working at Cetus"; it wouldn't be the least bit surprising if he did so without first getting the VCA reviewed by the Stanford legal department, because after all it's just an NDA, right?
Yes, the Stanford fellow worked at Cetus for nine months learning various techniques — which were published — and, months later, used (at least some of) the techniques when working with his Stanford colleagues.
The point is that a relatively-junior Stanford employee — as a result of having signed another organization's "Visitor Confidentiality Agreement" — in effect gave the other organization a get-out-of-jail-free card: The other organization was allowed to infringe Stanford's patent on a later invention by other Stanford investigators because the junior employee's own contribution to that invention qualified as a "consequence" of the employee's previous training at the other organization.
> Your comment is incredibly misleading.
You're entitled to your opinion, of course. The lesson is still valid: RTFA before you sign it — because otherwise you might be giving away valuable rights months or years down the road.
[0] https://profiles.stanford.edu/mark-holodniy
[1] https://scholar.google.com/scholar_case?case=145195436028699....
[2] https://scholar.google.com/scholar_case?case=776650368736548...