Legal Opinion

Biomedical Patent Management Corp. v. California

Court of Appeals for the Federal Circuit

Decided October 23, 2007No. 2006-1515PublishedCited by 32 opinions

1Opinion of the Court

O’MALLEY, District Judge. *

The issue presented in this appeal is whether a State is entitled to assert its sovereign immunity under the Eleventh Amendment where the State intervened in an earlier, related action that was dismissed for improper venue. The district court concluded that a State was entitled to assert its Eleventh Amendment sovereign immunity in those circumstances and, accordingly, granted a motion to dismiss on that ground filed by Defendant-Appel-lee State of California, Department of Health Services (“DHS”). Plaintiff-Appel lant, Biomedical Patent Management Corporation…

2Cases cited20 opinions

  1. New Hampshire v. MaineSupreme Court of the United States · 2001
  2. Lee v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
  3. Alden v. MaineSupreme Court of the United States · 1999
  4. Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
  5. College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999

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3Cited by32 opinions

  1. Finisar Corp. v. DirecTV Group, Inc.Court of Appeals for the Federal Circuit · 2008
  2. Gray v. City of Valley Park, Mo.Court of Appeals for the Eighth Circuit · 2009
  3. Wagoner County Rural Water District No. 2 v. Grand River Dam AuthorityCourt of Appeals for the Tenth Circuit · 2009
  4. Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.Court of Appeals for the Seventh Circuit · 2011
  5. National Ass'n of Boards of Pharmacy v. Board of Regents of the University System of GeorgiaCourt of Appeals for the Eleventh Circuit · 2011

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