Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

 
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Tuesday
Jun072011

US Supreme Court Patent Decision: Stanford v. Roche

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

In Board of Trustees of Leland Stanford Junior Univ. v. Roche Molecular Systems, Inc., Chief Justice Roberts of the US Supreme Court delivered the opinion of the court and held that 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.

The case has particular relevance for anyone conceiving or reducing to practice an invention who is receiving government funds for the research or is working for a contractor receiving funds from the US government.

The impact will be felt by university and public-funded employers and the researchers working for them.

In particular, anyone working with government funded research should have their employment agreements reviewed.

The slip opinion is available: Board of Trustees of Leland Stanford Junior Univ. v. Roche Molecular Systems, Inc.

A deeper discussion of the implications will follow.  There are significant warnings given in the dissent by Justices Breyer and Ginsberg.