This discussion of contract trumping statute on IP rights might be aided by a review of Aronson v. Quick Point Pencil where the U.S. Supreme Court posed the question as: "Whether federal patent law preempts state contract law so as to preclude enforcement of a contract to pay royalties to a patent applicant . . . if a patent is not granted."
Guess who still had to pay the agreed royalties?
Contracts won this bout.
1979 decision - 420 US 257
Jamie Powers
Jamie[_at_]srgpe.com
The Technology Group at Shulman Rogers
Received on Sat Feb 22 1997 - 17:09:11 GMT
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