Superbrace, Inc. v. Tidwell

Opinion

O’LEARY, Acting P. J.

There is a debate among federal and state courts as to whether state or federal common law should be applied to cases involving the transfer of patent license rights. In the case before us, Kelly Tidwell and Fran Cyrus (collectively Tidwell unless otherwise indicated) challenge the trial court’s application of state law in holding Robert and Barbara Gebauer could transfer their exclusive license to manufacture, market, and sell Tidwell’s patented inventions. After considering our Supreme Court’s ruling in Farmland Irrigation Co. v. Dopplmaier (1957) 48 Cal.2d 208…