United States Fifth Circuit
Bd. of Regents of the Univ. of Texas Sys. v. Nippon Tel. & Telegraph Corp., 05-51432
In a dispute involving the patent of lithium batteries, denial of a motion to dismiss brought by defendant, Japan's largest telecom company, following removal of plaintiffs' action alleging tortious interference, misappropriation, and other claims, is affirmed in part and vacated in part where defendant does not qualify as an "organ of a foreign state" for Foreign Sovereign Immunity Act purposes, and thus, subject-matter jurisdiction was lacking for removal.
Appellate Information
- Decided 02/01/2007
- Published 02/02/2007
Judges
- RHESA HAWKINS BARKSDALE, Circuit Judge:, Before BARKSDALE, DeMOSS and PRADO, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellees:
- William A. Brewer, III, James Stephen Renard (argued), Joyce Marie Hellstern, Bickel & Brewer, Daniel Francisco Perez, Akin Gump Strauss Hauer & Feld, Dallas, TX, for Plaintiffs-Appellees., Gerald C. Conley (argued), Timothy E. Taylor, Tonya M. Gray, Andrews & Kurth, Dallas, TX, for Defendant-Appellant.