Making Obscene Gestures

[ar5]

I think what they are saying is that you can't pace the courtroom floor leading a dialogue that ends with you pointing the finger at your former employer. You have to settle this gesture charge by itself, and then initiate legal proceedings against your former employer, at which point you would provide what evidence you have, including whatever you may have to prove the connection with this other charge.

Thanks for explaining. This sounds about right, although I had thought if I can prove that the charge is maliciously motivated I would be allowed to point fingers as to why.

Also what you are describing to me sounds like you were some sort of developer for your former employer, and want to keep all your work. Usually when you start a job at a place that does any kind of design, development, research or anything else similar, you sign something stating that everything you produce while working for them, belongs to them. For instance I know a genetic biology professor who quit his tenured job at a university to start his own genetic research firm because he was doing research worth millions of dollars with the university contractually holding all rights to his research. It wasn't his intellectual property, it was theirs. Software developers who work directly for a company usually have to sign similar contracts, which is why many of the best programmers work as contractors, or get into app development where they can distribute their own product and potentially make millions instead of a set wage per year, with all the profits from their genius going to their employer.

Well you are right in the context of someone wanting to use privately for profit intellectual property developed at a university using taxpayer money. My context is different. Yes, I was a scientist at a State University with some outstanding discoveries, more than what any faculty in the department has had in their entire careers, including my own lab director. I mentored my 'boss' on the subject that I created. I should be the one who should be writing the grants to develop my career. The university has no right to pry it away from me and hand it over to someone else, which is what they did; but, in order to achive this, they had to let me go under false pretense and had to resort to scientific fraud to show that they "generated" the "critical data" that confirmed my discoveries. They will not want to argue any of these in a court of law. They have repeatedly "dissuaded" my lawyers from pursuing on my behalf. If it gets to court, they WILL lose. JFYI.

[Jared_A]

Well you are right in the context of someone wanting to use privately for profit intellectual property developed at a university using taxpayer money. My context is different. Yes, I was a scientist at a State University with some outstanding discoveries, more than what any faculty in the department has had in their entire careers, including my own lab director. I mentored my 'boss' on the subject that I created. I should be the one who should be writing the grants to develop my career. The university has no right to pry it away from me and hand it over to someone else, which is what they did; but, in order to achive this, they had to let me go under false pretense and had to resort to scientific fraud to show that they "generated" the "critical data" that confirmed my discoveries. They will not want to argue any of these in a court of law. They have repeatedly "dissuaded" my lawyers from pursuing on my behalf. If it gets to court, they WILL lose. JFYI.

That all depends on what you signed. If you signed an agreement with any clauses about credit for research, ownership of the intellectual property, or non-competition, you are over a barrel. It wouldn't be the first time a grad student had their work stolen by a professor. However that doesn't mean that you can't get them for anything, a lawyer would be able to review your evidence and figure if there is anything they can get the university for.

As far as the obscene gesture charge goes, as people have said, quote the statute number of the charge or they can't really give you any advice. Since it sounds like you have evidence to prove your innocent, just do so and get it over with. A courtroom isn't a place to launch into accusations and pursue charges against people.

[mihamih]

I don't know. I think you are reading too much into this. I think some woman is confused about the 'waving' and its intent. Maybe just explain to the police (or prosecutor if it gets this far) what is going on and tell them to convey your apology to whoever took it the wrong way. Hopefully they can explain to her and she can drop the complaint. Also tell them that you'll stop waving to anyone so that it can't be misinterpreted. And do stop waving....

As to the IPs. I've always viewed all IPs as BS. Just a way for ppl to stop progress. Instead of building on each others efforts we find a way to sue each other over IPs.... Also were you a partner or something like this? All my employment contracts say that any IP work I'm involved in when working for so and so becomes ownership of the company... I think one place asked me to sign when I quit and it did not even occur to me to say no. So maybe your place is actually smaller if they did not have something in the initial paperwork. Honestly I'd just move on and tell them that I'd be happy to release all IPs I was involved in to them. After all they did pay me while I was there...

<< Update >>
Too many comments in the mean time: You are free to put on your resume exactly what you did and explain to any potential new employer how it contributed to the project in a positive light. But as for the "they stole it from me" chain of thought, I'd drop that from any potential employer cuz it will likely cost you the new job. Just sounds bad. Yeah injustice does happen but you have your head and what is in it. I'd move on. Also look into Walt Disney's story. Before Mickey there was Oswald. But that did not stop him as he later came up with Mickey.

[Antigone]

Heck the stock market closes in about an hour, if the prices goes high enough today, I still have time for some profit taking. Thank you for the trading info, my friend!

[Mr. Knowitall]

I don't know. I think you are reading too much into this. I think some woman is confused about the 'waving' and its intent. Maybe just explain to the police (or prosecutor if it gets this far) what is going on and tell them to convey your apology to whoever took it the wrong way. Hopefully they can explain to her and she can drop the complaint. Also tell them that you'll stop waving to anyone so that it can't be misinterpreted. And do stop waving....

He won't even do us the small favor of identifying the statute under which he is charged. Until he does, we can't discuss the elements.