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Are Bayh-Dole's Best Days Over?
March 29, 2011
When the Supreme Court decides Stanford v. Roche, it may significantly alter the relationship between research institutions that receive United States government funding and licensees of those institutions, according to Robert M. Gerstein, author of the article entitled "Are Bayh-Dole’s Best Days Over?" Mr. Gerstein’s article was featured in the Intellectual Property, Appellate, Government Contracts, and Expert Analysis sections of the March 24, 2011 issue of Law360, a national newswire for business lawyers.
The Supreme Court granted certiorari in Stanford v. Roche, to decide whether the Bayh-Dole Act, which sets forth the legal framework for intellectual property that results from federally funded research, has priority over contract law principles when determining ownership of patents. The decision, however, may have impact far beyond the ownership dispute between Stanford and Roche and could affect many other aspects of federal funding of research institutions.
For more information, please contact Robert M. Gerstein, a partner in the IP Transactions practice at the intellectual property law firm of Marshall, Gerstein & Borun LLP in Chicago. Mr. Gerstein can be reached via email or at 312.474.6601.