Supreme Court Gets Nudge On Bayh-Dole Case; Denies HRT Petition; Will Review Infringement “State Of Mind”
The Solicitor General has urged the Supreme Court to take up a case questioning whether an inventor can eliminate a university’s rights to federally funded research by making an agreement with a third party.
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In a 7-2 decision, the court says the statute does not give contractors the title to federally funded inventions.
In oral arguments in Stanford v. Roche, justices question why inventors cannot directly assign their inventions; government is concerned universities could eliminate its share of royalties.
Rather than one-off collaborations, academia wants tie-ups that provide deeper relationships with such things as sponsored research, clinical trials and future deals.