Legal Opinion

Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

Supreme Court of the United States

Decided June 6, 2011No. 09-1159PublishedCited by 79 opinions

1Opinion of the CourtChief Justice Roberts

Since 1790, the patent law has operated on the premise that rights in an invention belong to the inventor. The question here is whether the University and Small Business Patent Procedures Act of 1980 — commonly referred to as the Bayh-Dole Act — displaces that norm and automatically vests title to federally funded inventions in federal contractors. We hold that it does not.

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A

In 1985, a small California research company called Cetus began to develop methods for quantifying blood-borne levels of human immunodeficiency virus (HIV), the virus that causes AIDS. A Nobel Prize winning technique…

2Cases cited11 opinions

  1. Duncan v. WalkerSupreme Court of the United States · 2001
  2. Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
  3. Poe v. SeabornSupreme Court of the United States · 1930
  4. Flores-Figueroa v. United StatesSupreme Court of the United States · 2009
  5. Gayler v. WilderSupreme Court of the United States · 1851

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3Cited by79 opinions

  1. Southern Union Co. v. United StatesSupreme Court of the United States · 2012
  2. James Latiolais v. Eagle, IncorporatedCourt of Appeals for the Fifth Circuit · 2020
  3. Freeman v. Quicken Loans, Inc.Supreme Court of the United States · 2012
  4. Curtis Rookaird v. Bnsf Railway CompanyCourt of Appeals for the Ninth Circuit · 2018
  5. National Security Systems, Inc. v. IolaCourt of Appeals for the Third Circuit · 2012

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