Supreme Court Grants Certiorari in Stanford v. Roche
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.
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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.
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