United States:
CAFC Affirms That Bringing Infringement Suit Waives Sovereign Immunity To Related Defenses In UFRF V. GE
25 March 2019
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 system for
"integrat[ing] physiologic data from at least one bedside
machine.
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