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P1544 An action to collect royalties allegedly due under a patent licensing agreement does not bring US patent law into issue, since such an agreement is based on a presumption that the patent licensed under it is valid; for that reason, federal patent law does not pre-empt a state action; since Swiss law requires the award of attorney fees to a prevailing party in any action, there was no reason for parties to a contract in which Swiss law validly was chosen to specify that attorney fees would be awarded to the prevailing party; fees that would have been available under Swiss law should be awarded by a California court before which the action was heard.CitationAPPLERA v MP BIOMEDICALS (Patent Royalties) 173 CA4 769 [See: CivC 954, 1044, 1717; Christianson v Colt 486 US 800; Linear v Applied 152 CA4 115, T/AT 7/07]
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