Is An Express Contract Always Better?

Law360, New York (October 3, 2011, 1:23 PM EDT) -- Much commentary respecting Stanford v. Roche, 563 U.S. ___ (June 6, 2011) (No. 09-1159) has focused on the holding that declined to construe the Bayh-Dole Act to award employers with superior ownership rights in the inventions of their employees. Implicit in the decision is an unrealized potential that could nevertheless have secured Stanford the result that the university hoped federal law would award.

The title of this article poses a generic question that most lawyers would answer, “Of course it’s better to have an obligation expressed...
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