Question
Alison, a data analyst and software engineer, worked for Dellis, Inc. When she joined Dellis, she signed an employment contract. In that employment contract, among
Alison, a data analyst and software engineer, worked for Dellis, Inc. When she joined Dellis, she signed an employment contract. In that employment contract, among other provisions, was an arbitration clause, which read:
"any disputes arising out of this contract of employment are subject to arbitration in accordance with the rules of the American Arbitration Association."
During her work for Dellis, Alison created a software program that would better track Dellis' clients. Alison attempted to register for a patent to the program, claiming personal ownership in the rights to the software. Dellis learns Alison is applying for patent protection and claims the program was created as a result of Alison's work for the company and therefore it belongs to the company.
Alison files a lawsuit in Court. She is requesting that the Court enter a Declaratory Judgment--essentially an order that she is the rightful owner of the patent associated with the program.
Dellis immediately files a motion to dismiss Alison's lawsuit. Should the court hear Alison's lawsuit. Why or why not?
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