Stanford University v. Roche Molecular Systems, Inc.
2011 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Stanford University v. Roche Molecular Systems, Inc., 563 U.S. 776 (2011), was a United States Supreme Court case in which the Court held that title in a patented invention vests first in the inventor, even if the inventor is a researcher at a federally funded lab subject to the 1980 Bayh–Dole Act.[1] The judges affirmed the common understanding of U.S. constitutional law that inventors originally own inventions they make, and contractual obligations to assign those rights to third parties are secondary.[2]
Quick Facts Stanford v. Roche, Argued February 28, 2011 Decided June 6, 2011 ...
Stanford v. Roche | |
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Argued February 28, 2011 Decided June 6, 2011 | |
Full case name | Board of Trustees of the Leland Stanford Junior University, Petitioner v. Roche Molecular Systems, Inc., et al. |
Docket no. | 09-1159 |
Citations | 563 U.S. 776 (more) 131 S. Ct. 2188; 180 L. Ed. 2d 1; 2011 U.S. LEXIS 4183; 79 U.S.L.W. 4407; 98 U.S.P.Q.2d (BNA) 1761; 68 A.L.R. Fed. 2d 617; 22 Fla. L. Weekly Fed. S 1069 |
Case history | |
Prior | 487 F. Supp. 2d 1099 (N.D. Cal. 2007); 563 F. Supp. 2d 1016 (N.D. Cal. 2008); affirmed in part, vacated in part, 583 F.3d 832 (Fed. Cir. 2009); cert. granted, 562 U.S. 1001 (2010). |
Court membership | |
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Case opinions | |
Majority | Roberts, joined by Scalia, Kennedy, Thomas, Alito, Sotomayor, Kagan |
Concurrence | Sotomayor |
Dissent | Breyer, joined by Ginsburg |
Laws applied | |
Bayh–Dole Act, 35 U.S.C. §§ 200–212 |
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