Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. — Breyer, J…

Summary

Justice Breyer dissenting, argues the Court's reading of the Bayh-Dole Act permits individual inventors to bypass statutory assignment rules by separately assigning rights to third parties. He suggests alternative interpretations grounded in equitable contract doctrines and a statutory presumption of employee-to-employer assignment in federal contexts. Justice Sotomayor concurred, sharing concerns about the Federal Circuit's assignment doctrine but agreeing to affirm due to procedural posture.