News & Analysis as of

Appeals Dismissals Sovereign Immunity

Haynes Boone

Arbitration in the Fifth – June 2025

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June 2025 saw opinions from the Fifth Circuit Court of Appeals addressing issues including the authority of a court to dismiss a case that had been stayed pending an arbitration and the sequence of decision-making when a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Gensetix, Inc. v. Board of Regents of the University of Texas System (Fed. Cir. 2020)

In a conundrum worthy of a law school civil procedure examination, plaintiff Gensetix found itself apparently with no remedy for infringement by Baylor College of Medicine, Diakonos Research Ltd., and William Decker of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Shore Damage/State of Louisiana Damage Claim: Federal Appellate Court Addresses Whether U.S. Corps of Engineers Has Sovereign...

The Fifth Circuit Court of Appeals (“Court”) addressed in a January 21st opinion issues associated with a federal district court action in which the State of Louisiana alleged shore damage caused by waterways maintained by...more

Holland & Knight LLP

D.C. Circuit Affirms Forum Non Conveniens Dismissal of Flight MH370 Claims

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The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed the forum non conveniens dismissal of wrongful death and product liability claims brought by personal representatives and beneficiaries of...more

Knobbe Martens

Federal Circuit Review - September 2019

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State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

Knobbe Martens

Federal Circuit Review - March 2019

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Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more

McDermott Will & Schulte

Sovereign Plaintiff Not Immune from Infringement Defenses

Affirming dismissal of a patent infringement lawsuit on § 101 eligibility grounds, the US Court of Appeals for the Federal Circuit found that a patent holder bringing an infringement action waives sovereign immunity against...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2019

University of Florida Research Foundation, Inc. v. General Electric Company, Appeal No. 2018-1284 (Fed. Cir. Feb. 26, 2019) - The Court this week affirmed the Rule 12(b)(6) dismissal of an infringement lawsuit, finding...more

Knobbe Martens

The Federal Circuit Stays IPR Pending Review of the PTAB’s Denial of St. Regis Mohawk Tribe’s Sovereign Immunity

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The PTAB ruled that the Saint Regis Mohawk Tribe could not assert sovereign immunity in IPRs of patents that Allergan had assigned to the Tribe relating to Restasis®. See The Saint Regis Mohawk Tribe is not entitled to...more

Carlton Fields

D.C. Court Of Appeals Reverses Dismissal Against Czech Republic, Finding Jurisdiction Under New York Convention

Carlton Fields on

In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds. The Appeals Court revived the case, finding the...more

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