United States Federal Circuit
Biomed. Patent Mgmt. Corp. v. State of California, 06-1515
In a patent case involving circumstances where defendant-state intervened in an earlier, related action that was dismissed for improper venue, dismissal of the action on sovereign immunity grounds is affirmed as the state department of health services' initial waiver of Eleventh Amendment sovereign immunity does not extend to this case or judicially estop defendant from asserting immunity in this case.
Appellate Information
- Decided 10/23/2007
- Published 10/23/2007
Judges
Court
- United States Federal Circuit