For questions 5-12, please use this fact pattern: Omni Consu…
Questions
Fоr questiоns 5-12, pleаse use this fаct pаttern: Omni Cоnsumer Products (OCP) hired Richard “Dick” Jones to invent a robot urban sentry unit, including being in charge of both hardware and software development. The first model was to bear the trademark “ED209.” Dick Jones has been working as an employee for OCP for the last 20 years, and is currently the president and CEO of OCP. In addition to having fiduciary responsibilities to OCP, Dick had also signed an employment agreement as part of his executive compensation package. The agreement assigned to OCP all rights to any intellectual property that Dick created related to his employment. Dick invented and designed the robot’s hardware, but not its software. Dick, on behalf of OCP, hired Seymour Berkhoff specifically to invent and write the software for the ED209 robot. Seymour is an independent contractor that received a lump sum of $350,000 upon completion of the software. Seymour gives progress updates to Dick Jones every month, although he receives no suggestions or direction from Dick. Seymour pays for his own medical and dental benefits, and works out of his own basement in old Detroit. Seymour owns the laptop computer he uses to write the code with, and pays for his own internet access. OCP has no contracts or agreements with Seymour regarding the ownership of intellectual property. [Inspired by the movie "Robocop" and "La Femme Nikita."]