U of Texas Can’t Be Pulled Into Patent Suit, Fed. Cir. Says (1)

The University of Texas can’t be added as an involuntary plaintiff in an infringement suit over two medical treatment patents because of sovereign immunity, a splintered Federal Circuit said Friday.

However, Gensetix Inc. can proceed with its suit against the Baylor College of Medicine without the university’s involvement, the U.S. Court of Appeals for the Federal Circuit said in a precedential opinion reversing a trial court dismissal.

“Rather than cede control, once again, to UT’s claim of sovereign immunity, the district court should have given weight to the fact that Gensetix is without recourse to assert its patent rights because ...