Roche says it does. Stanford says it should. The US Supreme Court will decide who owns rights to HIV test kits using PCR made by a Stanford researcher working at [subsequently Roche-owned] Cetus Corporation. The initial funding came from The Feds.
Stanford asserts the researcher, Mark Holodniy, did not have right to assign his interest to Cetus, and that it owned rights under Bayh-Dole due to invention's federal funding. The US Solicitor General and the American Association of Universities concur with Stanford in their amicus briefs.
Roche says not so fast. It says the invention occured at Cetus before any work was performed by Stanford using federal funds. BIO is backing Roche with its own amicus brief. Roche says any ruling in Stanford's favor is not consistent with Bayh-Dole as it has nothing to do with "vesting" title to inventions. Further it will discourage private firms from collaborating with academic institutions.
Posted by Bruce Lehr Feb 25th 2011.