Are Bayh-Dole’s Best Days Over?

Law360, New York (March 23, 2011, 1:24 PM ET) -- The parties in Stanford v. Roche present the Supreme Court with vastly different visions of the scope of the Bayh-Dole Act. Stanford would have the court rule that the act has broad scope, sweeping within its ambit any invention that has been touched by federal funding.

Roche construes the act more narrowly, so narrowly the act would be irrelevant to its contest with Stanford over patents that arose, at least in part, from federally funded research.

The court’s decision will not only decide when issues of...
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