Oblon Spivak’s Stephen Kunin Quoted in IPWatchdog Regarding Justice Scalia’s Hardest Decision While on the Supreme Court

July 26, 2012 – In The News
IPWatchdog.com, July 25, 2012

Oblon Spivak's Stephen Kunin is quoted in IPWatchdog regarding Justice Scalia's interview with CNN about his hardest case while on the Supreme Court. Several attorneys were asked to speculate as to what patent case they thought he was referring to and Mr. Kunin suggested the Board of Trustees of the Leland Stanford Junior Univ. v. Roche Molecular Sys. case. "The Supreme Court refused to accept the argument that the Bayh-Dole Act automatically vested title to all federally funded inventions in federal contractors. The Court determined that Congress did not intend to override the accepted rule that ownership of an invention vests in the inventor, even when the inventor makes the invention during the course of employment in projects by a federal contractor funded by the federal government. The Court, however, raised significant questions about Federal Circuit law on the interpretation of employee assignment agreements. Individual judges refused to accept the Federal Circuit’s distinction between agreements to assign future inventions and present assignments of future inventions. This was an outcome that was not predicted by many prognosticators of Supreme Court cases who believed that the Supreme Court would not have granted certiorari if they intended to affirm the decision of the Federal Circuit."

Please click here or on the publication link to read the full article and partial transcript of the interview.