Full Fed. Circ. Skips Split Immunity Ruling In Cancer IP Row

Law360 (October 20, 2020, 9:39 PM EDT) -- The full Federal Circuit on Tuesday rejected Baylor College of Medicine's petition to review a panel decision reviving Gensetix's suit accusing the school of infringing two cancer therapy patents.

The two-page order left intact the Federal Circuit panel's splintered decision from July that sovereign immunity bars the public University of Texas — which licenses the patents to plaintiff Gensetix Inc. — from being dragged into the suit, but that the suit can move forward anyway against the private medical school.

The Federal Circuit's controlling opinion by Judge Kathleen O'Malley agreed with the lower court that sovereign immunity means Gensetix cannot "drag...

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