Legal Question in Intellectual Property in California
Is a royalty dispute on intellectual property within the jurisdiction of CA small claims court?
Asked on 10/14/11, 3:46 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
It depends upon the issues raised. Many royalty disputes are in actuality just simple state-law contract matters. Just because the contract is based upon an agreement to pay royalties, and the right to demand royalties in turn arises out of a Federal copyright, trademark or patent law, is insufficient to raise a Federal question and place the matter in the exclusive jurisdiction of the Federal court system. If however the validity of a patent (for example) will be the crux of the royalty dispute, the matter belongs under Federal jurisdiction.
Answered on 10/14/11, 4:04 pm