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CROWE v. M & M/MARS

242 N.J. Super. 592 (1990)

577 A.2d 1278

THOMAS CROWE, PLAINTIFF-APPELLANT, v. M & M/MARS, A DIVISION OF MARS INCORPORATED, DEFENDANT-THIRD-PARTY PLAINTIFF, RESPONDENT-CROSS-APPELLANT, v. SPARTAN DESIGN INCORPORATED, THIRD-PARTY DEFENDANT-CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1990.

Attorney(s) appearing for the Case

John B. Collins argued the cause for appellant (Bongiovanni & Collins, attorneys).

Denise H. Pappas argued the cause for respondent-cross-appellant (Courter, Kobert, Laufer, Purcell & Cohen, attorneys).

Joseph J. Vanecek argued the cause for cross-respondent.

Before Judges MICHELS, R.S. COHEN and BROCHIN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

If a person is employed to invent for the employer, a resulting invention belongs to the employer. If a person who is employed to perform other functions conceives and develops an invention during working hours with the aid of fellow employees and with the use of the employer's materials and machinery, the invention belongs to the employee but the employer has

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