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Notwithstanding the Supreme Court's ruling against Stanford, universities have the means to protect their rights in faculty inventions

06 June 2011

Federal Research, Government Contracts & Intellectual Property Alert

Today the Supreme Court ruled that the Bayh-Dole Act, 35 U.S.C. §§ 200-212, does not automatically vest a university with title to a faculty invention made in the course of federally-funded research. Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., Case No. 09-1159 (June 6, 2011). In a 7-2 decision delivered by Chief Justice Roberts, the Court affirmed the Federal Circuit's ruling that the university inventor had assigned the invention to Roche Molecular Systems before his employer, Stanford University, managed to obtain title as required by its university patent policy. We reported on the oral argument in a client advisory on April 21.



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