Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

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
 
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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.

Plain English Summary:

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.

SCOTUSblog Coverage

CVSG Information

Invited: June 28, 2010

Filed: September 28, 2010 (Grant)

Briefs and Documents

Merits Briefs Amicus Briefs

Certiorari-stage documents

Term Snapshot
Awards