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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!