Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
09-1159 Federal Cir. Feb 28, 2011
Tr.Aud.
Jun 6, 2011 7-2 Roberts OT 2010

Holding: The Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions.

Plain English Holding: The right to patent an invention ordinarily belongs to the person who created the invention, rather than to the inventor’s employer (unless the employer and employee agree otherwise). That rule does not change simply because the invention was created with the assistance of federal funding.

Judgment: Affirmed on June 6, 2011. Justice Sotomayor joined the Court’s opinion but also filed a concurring opinion; Justice Breyer filed a dissenting opinion, which was joined by Justice Ginsburg.

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