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A federal appeals court on Wednesday directed a lower court to dismiss a patent infringement challenge that Stanford University filed against Roche Pharmaceuticals, finding that the university had not sufficiently protected its rights to an HIV-related technology that one of its researchers developed, in part, while doing work for an outside company that has since become part of Roche. The decision by the U.S. Court of Appeals for the Federal Circuit partially overturns a lower court judge's 2005 ruling that invalidated the patents in question; the appeals panel's ruling says the lower court should not have reached that point, because Stanford had essentially let its rights to the invention pass to the researcher, who in turn assigned them to the Roche-owned company. Officials at Stanford did not respond to a request for comment.
