Stanford spent a lot of time pursuing a patent case against Roche for its HIV test kits. Unfortunately for the university, it’s also spent a lot of time losing.
On Wednesday, the U.S. Court of Appeals for the Federal Circuit ruled that Stanford didn’t have standing to sue because it didn’t own all the patent rights and ordered the case dismissed. The appellate court undid 2008 rulings by Northern District of California Judge Marilyn Hall Patel. Patel had previously disposed of the case in a different way, ruling that the patents were invalid — showing that as with cat-skinning, there is more than one way to lose a patent case.
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