Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

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

Docket No. Op. Below Argument Opinion Vote Author Term
09-1159 Federal Cir. Feb 28, 2011
Tr.Aud.
Jun 6, 2011 7-2 Roberts OT 2010

Holding: 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.

Plain English Holding: The right to patent an invention ordinarily belongs to the person who created the invention, rather than to the inventor’s employer (unless the employer and employee agree otherwise). That rule does not change simply because the invention was created with the assistance of federal funding.

Judgment: Affirmed on June 6, 2011. Justice Sotomayor joined the Court’s opinion but also filed a concurring opinion; Justice Breyer filed a dissenting opinion, which was joined by Justice Ginsburg.

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