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.

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Invited: June 28, 2010

Filed: September 28, 2010 (Grant)

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