CAFC Affirms That Bringing Infringement Suit Waives Sovereign Immunity To Related Defenses In UFRF V. GE

Author:Ms Kate Leonard and M. Andrew Holtman
Profession:Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
 
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In University of Florida Research Foundation, Inc. v. General Electric Company, No. 18-1284 (Fed. Cir. Feb. 26, 2019), the CAFC affirmed the district court's grant of GE's motion to dismiss UFRF's infringement allegations. The CAFC held that UFRF waived its Eleventh Amendment sovereign immunity by consenting to federal court jurisdiction when it brought infringement claim against GE. The patent-in-suit described a method and...

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