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

The question presented in this case is:

“Whether a federal contractor university’s statutory right under the Bayh-Dole Act, 35 U. S. C. §§200-212, in inventions arising from federally funded research can be terminated unilaterally by an individual inventor through a separate agreement purporting to assign the inventor’s rights to a third party.” Brief for Petitioner i.

In my view, the answer to this question is likely no. But because that answer turns on matters that have not been fully briefed (and are not resolved by the opinion of the Court), I would return this case to the Federal Circuit…