Inside Stanford V. Roche

Law360, New York (June 22, 2011, 3:57 PM EDT) -- The U.S. Supreme Court's June 6, 2011, decision in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems Inc. addressed whether a research institution’s use of federal funding, thereby implicating the Bayh-Dole Act, displaces the traditional U.S. patent law principle providing that ownership vests in the inventor.

Facts

In the early 1980s, a small company called Cetus developed methods to quantify blood-borne HIV levels known as polymerase chain reaction (PCR). In 1988, Cetus contracted with Stanford University’s Department of Infectious Diseases to...
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