Fed. Circ. Says UT's Immunity Can't Halt Cancer Patent Suit

By Ryan Davis (July 24, 2020, 8:18 PM EDT) -- A splintered Federal Circuit panel ruled Friday that sovereign immunity prohibits the University of Texas from being involuntarily made a plaintiff in a suit that a licensee of its cancer therapy patents filed against Baylor College of Medicine, but that the case can proceed anyway.

The court issued an unusual ruling where all three judges on the panel filed separate opinions disagreeing on key issues, but two of them concurred that a Southern District of Texas judge wrongly dismissed the suit by UT's licensee, Gensetix Inc., after the university refused to participate.

The lower court was correct in its decision that...

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