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UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. USA

REPLY to Response to Motion re MOTION for Partial Summary Judgment The United States Does Not Enjoy a License under the '094 Patent

7 Cited authorities

  1. Bd. of Trust. of L.S.J.U. v. Roche Mol. Sys.

    563 U.S. 776 (2011)   Cited 83 times   22 Legal Analyses
    Rejecting statutory interpretation that conflicts with “two centuries of patent law”

  2. Ciba-Geigy Corp. v. Alza Corp.

    804 F. Supp. 614 (D.N.J. 1992)   Cited 21 times   1 Legal Analyses
    Finding that a competing private manufacturer lacked standing to challenge license agreement awarded to plaintiff under terms of Bayh-Dole Act, since the Act provides no private right of action

  3. Campbell Plastics Engineering & Mfg., Inc. v. Brownlee

    389 F.3d 1243 (Fed. Cir. 2004)   Cited 7 times   5 Legal Analyses

    No. 03-1512. November 10, 2004. Appeal from the Armed Services Board of Contract Appeals. Kyriacos Tsircou, Sheppard, Mullin, Richter Hampton LLP, of Los Angeles, California, argued for appellant. With him on the brief was Gary A. Clark. Domenique Kirchner, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Todd

  4. Section 200 - Policy and objective

    35 U.S.C. § 200   Cited 47 times   40 Legal Analyses

    It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from federally supported research or development; to encourage maximum participation of small business firms in federally supported research and development efforts; to promote collaboration between commercial concerns and nonprofit organizations, including universities; to ensure that inventions made by nonprofit organizations and small business firms are used in a manner to promote

  5. Section 202 - Disposition of rights

    35 U.S.C. § 202   Cited 27 times   24 Legal Analyses
    Allowing agencies to grant such requests

  6. Section 201 - Definitions

    35 U.S.C. § 201   Cited 20 times   11 Legal Analyses
    Defining an "invention" to mean "any invention or discovery that is or may be patentable," and "subject invention" to mean "any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement"

  7. Section 203 - March-in rights

    35 U.S.C. § 203   Cited 7 times   33 Legal Analyses

    (a) With respect to any subject invention in which a small business firm or nonprofit organization has acquired title under this chapter, the Federal agency under whose funding agreement the subject invention was made shall have the right, in accordance with such procedures as are provided in regulations promulgated hereunder to require the contractor, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to