CAFC Affirms That Bringing Infringement Suit Waives Sovereign Immunity to Related Defenses in UFRF v. GE
March 13, 2019
Edited by M. Andrew Holtman, Ph.D.
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.” Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
Tags
Food and Drug Administration (FDA), United States Court of Appeals for the Federal Circuit (CAFC), infringement
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