United States Federal Circuit

Because a waiver of sovereign immunity must be express and equivocal, filing a counterclaim during a period when the State was reasonably unsure about the availability of an immunity defense is not a waiver of immunity to Lanham Act and patent infringement claims.

Appellate Information

• Decided 07/20/2001
• Published 07/20/2001

Judges

• DYK, Circuit Judge., Before RADER, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard S. Ross, of Ft. Lauderdale, FL, argued for plaintiffs-appellants.


• For Appellees:
  
• Stefan V. Stein, Holland & Knight LLP, of Tampa, FL, argued for defendants-appellees.   Of counsel was Harvey S. Kauget.