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PRESTON v. MARATHON OIL CO.

Nos. 2011-1013, 2011-1026.

684 F.3d 1276 (2012)

Yale PRESTON, Plaintiff-Appellant, v. MARATHON OIL COMPANY and Thomas Smith, Defendants-Cross Appellants, and John Does 1-10, Defendants.

United States Court of Appeals, Federal Circuit.

July 10, 2012.

Attorney(s) appearing for the Case

Mitchell H. Edwards , Nicholas & Tangeman, LLC, of Laramie, WY, argued for plaintiff-appellant. With him on the brief was Philip A. Nicholas.

Shane P. Coleman , Holland & Hart, LLP, of Billings, MT, argued for defendants-cross appellants.

Before BRYSON, DYK and O'MALLEY, Circuit Judges.

O'MALLEY, Circuit Judge.

DECISION

This case presents the question of whether Plaintiff-Appellant Yale Preston ("Preston") owns United States Patent Nos. 6,959,764 ("the '764 patent") and 7,207,385 ("the '385 patent"), or whether he assigned rights in those patents to Defendant-Cross-Appellant Marathon Oil Company ("Marathon") pursuant to an employment agreement entered into shortly after he began work as an at-will employee. In the alternative, Marathon...

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