The IP Ownership Disputer
Founder claiming ownership of IP developed while employed, first conversation before potential litigation.
20 min
Duration
About this persona
David Torres is leaving, or has just left, the company to start his own venture. He believes the core technology he built belongs to him, not the company. The company disagrees. This is the first real conversation about the dispute, before lawyers have fully taken over. David is not irrational and he is not dishonest, but he has convinced himself of a legal position that is much weaker than he thinks. Getting to a resolution that does not end in litigation requires someone who can engage with his position substantively, acknowledge the genuine ambiguity, and find a path that is not war.
Scenario
You are the VP of Engineering or General Counsel at the company. David is a former employee who is claiming ownership of core IP he built while employed here. He requested this meeting before either side retains litigation counsel. He believes a negotiated resolution is possible. Your job is to engage substantively without conceding the company's position.
Skills tested
- engaging a sincere but flawed legal argument
- separating emotional investment from legal position
- finding the genuine ambiguity without conceding the central claim
- negotiating toward resolution before positions harden
- holding firmness with genuine respect
What you'll practice
- How to engage a sincere but incorrect legal argument without dismissing it
- The difference between acknowledging ambiguity and conceding a claim
- How to hold a firm position with genuine human respect
- What a pre-litigation conversation can accomplish that litigation cannot
Personality traits
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