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Intellectual Property Law

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Bayh-Dole Patent Ownership Dispute to be heard by Supreme Court

By McKee, Voorhees & Sease, P.L.C.

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Last week, the Supreme Court announced it will review the Federal Circuit decision in Stanford v. Roche, addressing patent ownership under the Bayh-Dole Act, after granting Stanford's petition for a writ of certiorari. The Court will decide an interesting patent ownership dispute involving the contractual obligation of a University inventor to assign rights to the University and the same inventor's prior assignment of future rights to a company (which eventually became Roche). The Federal Circuit ruled against Stanford, finding that the prior assignment of the inventor trumped the assignment obligation he later had with the University.

The question presented is:

Whether a federal contractor university's statutory right under the Bayh-Dole Act, 35 U.S.C. §§ 200-212, in inventions arising from federally funded research can be terminated unilaterally by an individual inventor through a separate agreement purporting to assign the inventor's rights to a third party.

More on Bd. of Trustees of Leland Stanford Jr. Univ. v. Roche Molecular Sys., after the jump.

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Full post as published by FileWrapper on November 08, 2010 (boomark / email).