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UT Can't Be Forced Into Patent Case, Ending Cancer IP Row

Law360 (December 13, 2018, 4:40 PM EST) -- The University of Texas can’t be forced to sue the Baylor College of Medicine for infringement of cancer therapy patents, and a drugmaker licensing those patents can’t sue without UT by its side, a Texas federal judge has ruled, dooming the litigation.

UT is entitled to sovereign immunity under the 11th Amendment, so it can’t be bound to litigation it hasn’t agreed to participate in, whether as a plaintiff or a defendant, U.S. District Judge Andrew S. Hanen said Monday. The licensee, Gensetix Inc., doesn’t have enough of a claim to the patents to sue without UT, he added, which means...

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Case Information

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Case Number

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Texas Southern

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Date Filed

April 3, 2017

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