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Virginia courts will not necessarily rule on the
enforceability of a restrictive covenant in an employment agreement without
first examining the facts. In a recent federal-court decision from Roanoke, Judge Wilson
denied a defendant's motion for judgment on the pleadings in a case involving an alleged
assignment of patent rights in violation of various contractual restrictions,
finding that the factual record wasn't sufficiently developed to permit a
Travis Mickle, President of KemPharm, Inc., a small
early-phase biopharmaceutical company, was working as a senior research
scientist for Lotus Biochemical Corporation (which became New River
Pharmaceuticals ("NRP")) in 2001. At that time, he entered into an
employment agreement with Lotus. In 2005, he left the company and entered into
a settlement agreement governing various post-employment responsibilities.
Read the rest of the article
at the Virginia
Business Litigation Lawyer blog
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