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ETHAN EMPLOYEE ( EE ) entered into an employment agreement with EEK HALLOWEEN SUPPLIES INC. ( E ) , a company
ETHAN EMPLOYEE EE entered into an employment agreement with EEK HALLOWEEN SUPPLIES INC. E a company that sells Halloweenthemed party supplies and candies. The agreement contained the following language: "I hereby assign to all right, title, and interest in and to any Inventions that are created or developed by me either alone or with others, during the Term of this Agreement." E and EE are both in California, and the agreement was entered into in California, so it also contained the standard relevant exempting provisions commonly employed in California. EE loves flowers and gardening. During EE's term of employment at E EE developed a tool for gardening a new design for a pesticide spreader He did this entirely on his own, and entirely on his own time, although he did make some light use of Es equipment some of the drafting software and equipment to develop and draw blueprints and some of the copying machines WHICH OF THE FOLLOWING STATEMENTS IS TRUE?
Choice A: E owns all rights in the tool that EE developed.
Choice B: EE owns all rights in the tool he developed, because "assignments" have nothing to do with transfers of legal ownership rights.
Choice C: EE owns all rights in the tool he developed, because the standard relevant exempting provisions commonly employed in California refer to an exception that clearly applies here.
Choice D: Precisely two of the choices A B and C are correct.
Choice E: All of the choices A B and C are correct.
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