Violation of the Erie Doctrine: Application of a Rule of Federal Common Law to Issues of Patent License Transferability
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Authors
Quinn, Carole A.
Weide, R. Scott
Issue Date
1999
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|A split among the courts exists as to whether the transferability of a patent license is a question to be determined by application of state law or one determined by application of federal law. A federal rule of common law has been applied by federal courts to issues of patent license transferability. In general, this rule provides that a patent license is not transferable absent express written provisions to the contrary. On the other hand, when state law is applied, the issue of the transferability of a patent license is generally determined in accordance with standard contract interpretation rules. The answer to the question of whether federal or state law should be applied is important, for application of state versus federal law may result in an entirely different finding as to whether the license is transferable...
Description
Citation
32 Creighton L. Rev. 1121 (1998-1999)
Publisher
Creighton University School of Law