United States Federal Circuit

In a breach of contract and patent infringement action brought against the University of Massachusetts at Lowell involving a device for testing baseball bats of varying construction, denial of the university's motion to dismiss is affirmed where the district court properly held that the university waived its Eleventh Amendment immunity by expressly agreeing to federal jurisdiction in a patent license agreement.

Appellate Information

• Decided 10/10/2007
• Published 10/10/2007

Judges

• Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MOORE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Andrew Kochanowski, Sommers Schwartz, P.C., of Southfield, Michigan, argued for plaintiffs-appellees., William H. Hurd, Troutman Sanders LLP, of Richmond, Virginia, argued for defendant-appellant.