Tidwell

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 [ 308 P.2d 732 ] (Dopplmaier), and reviewing recent federal cases to the contrary, we affirm the trial court’s ruling. Applying state law, we conclude the license rights were not personal and therefore were assignable. Tidwell also challenges the court’s (1) order obligating Tidwell to protect the patents until the Gebauers obtain the patent titles; (2) order allowing the Gebauers to retain and sell (if they desire) their motor oil distribution rights; and (3) refusal to impose damages for patent infringement. On a finding Tidwell’s contentions lack merit, we affirm judgment.

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Tidwell owns and operates several…