Lessons From Stanford

Law360, New York (August 23, 2011, 1:31 PM EDT) -- Four Stanford University researchers invented a method for quantifying Human Immunodeficiency Virus (“HIV”) in human blood samples.[1] Stanford applied for, and received, three U.S. patents claiming the method (the “HIV detection patents”).[2] For nearly 20 years, Stanford University believed that it owned enforceable patent rights in the HIV detection method. Stanford was wrong.

In the mid-1990s, Roche Molecular Systems and several related entities began manufacturing HIV detection kits.[3] Today, Roche’s HIV test kits are used in hospitals and AIDS clinics worldwide.[4] Stanford sued Roche, alleging that...
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