Supreme Court Grants Certiorari in Stanford v. Roche

November 4, 2010

On November 1, 2010, the Supreme Court granted certiorari in Stanford v. Roche, in order to review a decision of the Court of Appeals of the Federal Circuit from September of 2009. The Federal Circuit held that an assignment Roche had obtained to the relevant inventions had priority over Stanford's later assignment, even though the Bayh-Dole Act required that the inventions be assigned to Stanford. The case has direct applicability to situations where multiple, inconsistent assignments have been executed, but should also shed some light on the extent to which the requirements of the Bayh-Dole act take precedence over the activities of inventors and institutions receiving federal research grants.

The case should be argued in early 2011, with a decision expected by June of 2011.

To view the brief of the United States supporting the grant of certiorari in Stanford v. Roche, click on this link.

For more information, please visit our Non-profit Technology Transfer Web page.

Robert M. Gerstein is 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.

The views expressed herein are solely those of the author and are not to be attributed to the Firm or any past, present, or future client of the Firm. This alert is intended to be informative and should not be construed as legal advice for any specific fact situation. Readers should not act upon the information presented without consulting professional legal counsel. ©2010 Marshall, Gerstein & Borun LLP. All rights reserved.


Offsite Notice

By clicking “Proceed” below, you will be opening a new browser window and leaving our website.