APP Takes Patent Contract Ruling To High Court

Law360, Washington (June 27, 2011, 7:38 PM EDT) -- APP Pharmaceuticals LLC has taken to the U.S. Supreme Court its challenge of the Federal Circuit's doctrine on contracts that assign patents, contesting whether state law regarding such contracts should be preempted, according to a petition obtained Monday.

APP asked the high court, in a petition filed June 13, whether the Federal Circuit erred in creating a new body of federal common law to govern contracts assigning patents, in the absence of a significant conflict between state law and any federal interest that might justify preemption....
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