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Sunday, May 4, 1997

Software engineer must share idea with company that fired him

McKINNEY, Texas (AP) - A software engineer has to let the company that fired him in on his secret.

State District Judge John Roach ruled Friday that Evan Brown, a former software engineer at DSC Communications Corp., has until May 14 to divulge a software idea that's potentially worth millions.

Under the judge's order, Brown must share the idea with a 10-member team from the Plano-based telecommunications company, but the team can only evaluate and protect the idea, possibly by patent.

An upcoming jury trial will then determine who owns the idea.

"It's called Round One," Brown said of the ruling. "How many innings do you play?"

Roach ordered the creation of the team, requesting that it keep careful and confidential records of everything it learns and not share it with anyone outside the team until the trial.

Brown, 45, of Plano, said he thinks he's figured out how to convert old computer language into an easier-to-use computer code. DSC Communications fired him April 21 because he wouldn't give the company his idea.

Then, DSC took him to court because he wouldn't concede ownership to the company.

The company wanted to extend a temporary restraining order preventing Brown from sharing, selling or giving the "invaluable trade secret" to anyone other than DSC.

Brown had signed an agreement requiring him to reveal to DSC any invention, "made or conceived," that was "along the lines of the business, work or investigation of the Company."

"This whole issue, again, goes back to the agreement this gentleman signed when he joined the company," said Raymond T. Adams, vice president of corporate communications for DSC. "We simply want him to abide by the terms of this agreement. No more, no less. The judge has recognized that."

Brown said he came up with the idea on his own time and it has nothing to do with his job at DSC or the telecommunications business.

His attorney, Steven E. Aldous, argued in court that the language in the agreement was ambiguous and that an idea in someone's head doesn't count under patent law as an invention unless it's further along.

Brown also said the employment agreement doesn't apply because he's been working on his idea since 1975, 12 years before he began working at DSC. He testified that his idea would take about 12 to 14 months to develop and four months to test.

Brown has said DSC offered him a percentage of their potential savings, up $2 million, but he turned it down, saying his idea was worth more. Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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