Fed. Circ. Skeptical Sovereign Immunity Bars Cancer IP Suit

By Britain Eakin (February 4, 2020, 6:06 PM EST) -- Members of a Federal Circuit panel appeared perplexed Tuesday by the argument that the University of Texas' refusal to join Gensetix Inc. in suing Baylor College of Medicine for allegedly infringing two cancer therapy patents UT owns should doom the suit entirely.

Baylor attorney Michael Hawes of Baker Botts told the panel during a 30-minute hearing in Washington, D.C., that the district court rightly dismissed the suit because a key premise of sovereign immunity under the 11th Amendment is that the court shouldn't have the power to adjudicate a state's interest in its property without consent.

U.S. Circuit Judge Amy Newman...

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