As reported in Law360, a Federal Circuit panel has upheld the dismissal of a Florida University’s patent infringement lawsuit against the U.S. government. The suit pertained to the university’s patented laboratory mice, which are used in the investigation of Alzheimer’s disease. The Federal Circuit declared that the 1980 legislation that manages patents established through federal research funding is applicable to efforts that existed before the funding agreements were formalized.
This case highlights an important dynamic in the field of intellectual property and federally funded research. The decision by the Federal Circuit panel is believed to set a precedent concerning the reach of legal frameworks governing patents developed through federally funded research, more specifically regarding works pre-dating funding arrangements.
The impacts on future intellectual property disputes involving federally funded research could be considerable, given the Federal Circuits’ ruling that the 1980 patent law is applicable, even to work predating federally funded agreements. However, it remains to be seen how this will translate into practicalities within intellectual property law and research agreements.