Analysis
Statement from Inventor
"What's been needed for a long, long time is someone to stand up to them. I happen to be the person who, finally it was worth it to me to stand up to them."
Dr. Galen J. Suppes
"The lawsuit is a last resort to assure that the University's ownership of inventions made by University employees during their employment is protected. It is vitally important to secure for the people of the state of Missouri the full benefits of research done by the University of Missouri."
Brian Foster, Provost, University of Missouri
Implications of Case
This case is of particular importance to the many faculty scientists of the University of Missouri, but also to all academic inventors across the nation who may find themselves in an unfortunate situation, similar to Dr. Suppes.
In the current economic climate, charitable donations to universities are down, costs are rising and the pressure is increasing on administrators to enhance the quality of education with ever diminishing resources. Perhaps though, this has turned up the pressure too much on the technology transfer office of the University of Missouri.
Should faculty scientists bear the burden of their university's financial woes? And should the fiscal stricture of a university give it carte blanche to preclude the intellectual property rights of its researchers?
In a recent State of the University address, President Forsee announced his intent to grow Mizzou's annual licensing revenue from its 2008 level of $6.4 million to $50 million by 2014. How does this ambitious goal, an increase of 781%, align with Forsee's other recent admissions that the technology transfer process of the Missouri system is seriously flawed?
The ultimate ramifications of this case will not be known until, one way or another, a verdict is rendered or one side surrenders. If Suppes prevails, faculty scientists can breathe a sigh of relief. If the University succeeds though, the lengths it went to in pursuit of its inventor may yet unnerve other researchers who are considering whether to come or go from the University of Missouri.
This case, like many other featured here, raise the fundamental question of whether a university has the right to force an employee to assign all inventions to the institution. This matter is particularly significant when assignment is demanded prior to due diligence to determine if the invention properly belongs to the inventor. Wouldn't logic dictate a determination of ownership prior to assignment? Taking the question a step further, can it be considered duress to require non-voluntary assignment of inventions?
|
