Federal Circuit Dismisses University's Appeal Vs. Fujitsu

Law360, New York (July 2, 2004, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit has dismissed an appeal by the University of Illinois that sought a shield of sovereign immunity from counterclaims filed by Japanese electronics maker Fujitsu in a lawsuit over patents for plasma displays.

The appeals court ruled that the university's "entitlement" to the 11th Amendment guarantee of sovereign immunity cannot be "conclusively determined" and dismissed the appeal due to a "lack of jurisdiction."

U.S. Dist. Court Judge Joseph Spero, San Francisco, had dismissed the university's claims for sovereign...
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