ARTICLE
25 March 2019

CAFC Affirms That Bringing Infringement Suit Waives Sovereign Immunity To Related Defenses In UFRF V. GE

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
In University of Florida Research Foundation, Inc. v. General Electric Company, No. 18-1284 (Fed. Cir. Feb. 26, 2019),
United States Intellectual Property
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In University of Florida Research Foundation, Inc. v. General Electric Company, No. 18-1284 (Fed. Cir. Feb. 26, 2019), the CAFC affirmed the district court's grant of GE's motion to dismiss UFRF's infringement allegations. The CAFC held that UFRF waived its Eleventh Amendment sovereign immunity by consenting to federal court jurisdiction when it brought infringement claim against GE. The patent-in-suit described a method and system for "integrat[ing] physiologic data from at least one bedside machine.

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