Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. (2010)
- Docket
- 09-1159
- Decided
- 2010-01-01
Summary
Question: Must patents on inventions that arise from federally-funded research go to the university where the inventor worked? Conclusion: No. The Supreme Court affirmed the lower court order in a decision by Chief Justice John Roberts. "The Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions," Roberts wrote for the majority. Justice Sonia Sotomayor filed a concurring opinion, noting that while she agrees with them majority that "the appropriate disposition is to affirm. Like the dissent, however, I understand the majority opinion to permit consideration of these arguments in a future case." Justice Stephen Breyer dissented, joined by Justice Ruth Bader Ginsburg. He argued that the case should have been remanded to the Federal Circuit for further argument.