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SOVAK v. CHUGAI PHARMACEUTICAL CO.

No. 00-55298.

280 F.3d 1266 (2002)

Milos SOVAK, M.D.; Biophysica, Inc., Plaintiffs-Appellants, v. CHUGAI PHARMACEUTICAL CO., a corporation of the Empire of Japan; Cook Imaging Corporation, an Indiana corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 19, 2002.

Attorney(s) appearing for the Case

Lawrence E. Eden (argued), Lawrence R. Goerke, Encinitas, CA, for the plaintiffs-appellants.

Dean T. Janis (argued), Jonathan S. Dabbieri, San Diego, CA; Edward W. Harris III (argued), Steven S. Shockley, Maggie L. Smith, Indianapolis, IN, for the defendants-appellees.

Before: O'SCANNLAIN and PAEZ, Circuit Judges and KING, District Judge.

OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether federal or state law governs the right to compel arbitration when the underlying agreement contains only a general state choice-of-law clause.

I

In 1986, Milos Sovak, while chairman of the board of Cook Imaging Corporation ("Cook"), co-invented an x-ray enhancing drug called "Ioxilan." Sovak promptly assigned his patent rights to Ioxilan in the United States and Japan to Cook.<...

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