IBM Wins Partial Toss In Auburn Circuit Patent Spat

By Mike Cherney

Law360, New York (November 10, 2009, 1:12 PM ET) -- A federal judge has dismissed two state-law claims Auburn University brought against IBM Corp. in a patent infringement case over circuit components-testing technology, saying the claims are preempted by federal law.

But Judge W. Harold Albritton of the U.S. District Court for the Middle District of Alabama also allowed Auburn to amend its complaint, though he cautioned the university would have to explain why its unjust enrichment and conversion claims should not be dismissed for other reasons.

Auburn's two patents at issue stemmed from the research...
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