United States Federal Circuit

Dismissal of plaintiff's appeal from a decision by the PTO in favor of defendant-university in a patent interference proceeding is reversed where, by requesting and participating in the interference proceeding in the PTO, the university waived its constitutional immunity not only in that proceeding but also in the appeal taken by the losing party.

Appellate Information

• Decided 01/23/2007
• Published 01/23/2007

Judges

• NEWMAN, Circuit Judge., Before NEWMAN, LOURIE, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Vincent J. Belusko, Morrison & Foerster LLP, of Los Angeles, CA, argued for plaintiff-appellant.   With him on the brief was J. Manena Bishop.   Of Counsel was Nicole M. Smith.


• For Appellees:
  
• Barbara C. McCurdy, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for defendants-appellees.   With her on the brief was Lara C. Kelley.