Analysis

Fed. Circ.'s UT Immunity Ruling Places Licensing In Spotlight

Law360 (July 31, 2020, 5:02 PM EDT) -- The Federal Circuit's recent decision expanding the University of Texas' sovereign immunity while letting a licensee pursue infringement litigation alone is raising a host of questions about how private companies and public universities should approach patent licensing agreements.

It's been well established that the 11th Amendment protects state entities like universities from being sued for patent infringement. But in a July 24 precedential opinion, a deeply fractured Federal Circuit panel said that same immunity bars universities from being added as co-plaintiffs without their consent. 

More specifically, the panel concluded that UT didn't waive its sovereign immunity when it licensed cancer therapy patents to Gensetix...

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