OTIS ELEVATOR CO. v. MAGEE


18 A.D.2d 623 (1962)

Otis Elevator Company, Appellant, v. John E. Magee, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1962


Per Curiam.

Plaintiff appeals from an order denying its motion to dismiss the second affirmative defense as insufficient. Plaintiff seeks a judgment declaring it to be the owner of a patent issued July 12, 1960 in defendant's name as inventor and directing defendant to assign the patent to it. The alleged basis of plaintiff's rights is that the invention was "made and perfected" by defendant in the course of the latter's duties as one of plaintiff's employees...

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