U Of Illinois' Immunity Dooms Patent Challenge, Judge Says

Law360, New York (February 11, 2013, 3:29 PM EST) -- A Hawaii federal judge ruled Thursday that constitutional immunity protects the University of Illinois from Cyanotech Corp.'s suit seeking to invalidate a patent covering the development of certain antioxidant-based supplements, a patent the state university owns and licenses to a Cyanotech rival.

U.S. District Judge J. Michael Seabright dismissed a declaratory judgment action brought by Cyanotech against the university and U.S. Nutraceuticals LLC, which operates as Valensa International and licenses the disputed patent from the school.

The suit had asked the court to rule that a...
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