Category Archives: Stanford v Roche

They just can’t kill the beast

After the Supreme Court ruled in Stanford v Roche, Joe Allen and Howard Bremer wrote an article (“After Stanford v Roche: Bayh-Dole Still Stands“) in which they asserted that they argued against the idea that Bayh-Dole vested with contractors ownership of inventions … Continue reading

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Senator Bayh’s inventor-loathing faux Bayh-Dole Act

There has been plenty written about the practice lesson taught by the Supreme Court decision in Stanford v Roche. I’m dismayed how much of it shows no evidence of an awareness of the facts of the case and the primary … Continue reading

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There never was a promise to assign

When Stanford in its litigation against Roche appealed to the U.S. Supreme Court, it included in its petition for certiorari a declaration by Luis Mejia, the licensing manager responsible for filing the patents and offering an exclusive license to Roche. … Continue reading

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Faux Bayh-Dole and Stanford v Roche

I have been tracing the history of two versions of Bayh-Dole. One version is based in the law as written and reflected in the implementing regulations and the standard patent rights clause. The second version shows up immediately after the … Continue reading

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Wisconsin continues to defy the US Supreme Court, five years on

Here is an excerpt from the University of Wisconsin’s current patent policy regarding the Bayh-Dole Act, under the heading “Federal Agreements”: In order to expand public use of inventions and in recognition of the need for establishing government-wide policies for the … Continue reading

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Stanford v Roche was not about how to make Bayh-Dole into a vesting statute

The Stanford v Roche decision was not at all about the proper technical steps to make Bayh-Dole into a vesting statute. Even the Court’s minority opinion–what the lawyer-krakkens fixated on–was a musing on whether there should be any difference in the equitable ownership of an … Continue reading

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The NSF recommends bureaukleptic compliance

Here’s interesting guidance in a footnote to the current NSF statement of terms and conditions for grants to universities: Footnote 2 offers a “reminder” that universities should adopt a present assignment in “employee assignment agreements.” The idea is that somehow … Continue reading

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From provider to predator: University of Texas patent policy, Part 3

In Part 2 of this series I compared the preambles of the 1977 and 1988 versions of the University of Texas System patent-cum-intellectual property policies. The 1946 policy was so straightforward that it did not need a preamble. It was … Continue reading

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Was Bayh-Dole based on a misconception?

In an article published in 2013, Sean O’Connor argues that Bayh-Dole is the descendant of the Biddle Report, produced in 1947 in an attempt to shape national policy regarding ownership of federally supported inventions. The paper makes an important contribution … Continue reading

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NASA Turns Bayh-Dole Into a Vesting Statute

The US Supreme Court in Stanford v Roche ruled that Bayh-Dole was not a “vesting statute”–the law did not place ownership of patentable inventions made with federal support with the universities that hosted the research: Stanford contends that reading the … Continue reading

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