Hiv Test Kits | Federal Circuit Rules For Roche In Hiv Test Kit Dispute With Stanford


< HOME THE AM LAW DAILY LITIGATION DAILY RANKINGS VIDEOS MAGAZINE ADVERTISE SUBSCRIBE FREE ACCESS CONTACT US < Font Size: Print Email Comment Reprints & Permissions We bet Stanford University is ruing the day it filed a patent infringement suit against the Swiss drug giant Roche over its HIV test kits. In a 25-page opinion, the U.S. Court of Appeals for the Federal Circuit ruled Wednesday that Stanford never had standing to bring suit because it couldn't establish ownership of the patents at issue. It determined that Roche owned the patents and instructed the lower court to dismiss Stanford's suit.

Stanford first sued Roche in 2005, alleging that Roche’s kits violated Stanford’s method patents for quantifying HIV in blood samples and measuring the effectiveness of antiretroviral drugs. Roche responded that it took ownership of the patents in question when it bought part of a company that worked with Stanford researchers i

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