United States Federal Circuit
Bd. of Trustees of the Leland Stanford Jr., Univ. v. Roche Molecular Sys. Inc., 08-1509
In a patent case involving claim methods for quantifying HIV in human blood samples, district court's judgment is affirmed in part and vacated and remanded in part where: 1) district court correctly found that Roche's counterclaim for a judgment on its ownership claim was subject to California statutes of limitation; and 2) district court's judgment of invalidity is vacated and remanded with instructions to dismiss Stanford's action as the district court incorrectly declined to consider Roche's affirmative defense based on ownership and as a matter of law Roche possesses an ownership interest in the patents-in-suit that deprives Stanford of standing.
Appellate Information
- Decided 09/30/2009
- Published 09/30/2009
Judges
Court
- United States Federal Circuit