In University of Western Australia v Gray [2009] FCAFC 116 , the University failed in its appeal against a Federal Court judgment that ownership of an invention relating to cancer treatment belonged to its employee who was appointed to teach and to conduct and stimulate research (originally discussed here).

In a lengthy decision with significant commercial implications, the Full Court totally rejected UWA’s claim against Dr Gray that by reason of his employment he had obligations to UWA in respect of the inventions, and that as a result UWA had proprietary rights in respect of them and of associated patent applications and patents, and that by reason of Dr Gray’s having dealt with the inventions as his own UWA was entitled to obtain certain remedies from him.