Gerald Banks and Kelly Banks v. Unisys Corporation and Burroughs Corporation,defendants-Appellees

MAYER, Chief Judge.

Gerald Banks appeals the judgment of the United States District Court for the Eastern District of Michigan, holding on summary judgment that there was an implied-in-fact contract to assign inventive rights from Banks to Unisys Corporation and Burroughs Corporation (together, “Unisys”). See Banks v. Unisys Corp., No. 96-CV-70869 (E.D. Mich. June 3, 1999). Because the district court erred by concluding that Banks failed to raise a genuine issue as to any material fact, we vacate and remand.

Background

In late 1986, a headhunter recruited Banks, an expert in optical engineering,…