Federal Circuit Affirms Calif.'s Immunity In Patent Suit

Law360, New York (October 23, 2007, 12:00 AM EDT) -- An appellate court has upheld a lower court’s ruling dismissing a patent suit brought against California’s Department of Health Services after the state asserted its Eleventh Amendment sovereign immunity.

On Tuesday, the U.S. Court of Appeals for the Federal Circuit denied claims of patent holder Biomedical Patent Management Corp., which argued that DHS could not assert sovereign immunity because it had previously waived that right in a declaratory judgment suit against BPMC over the same patents. The appellate court therefore affirmed the district court’s 2006 dismissal...
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