United States v. Robert P. Popovich, Jack W. Moncrief, and the University of Texas System

POLITZ, Circuit Judge:

The United States filed a declaratory action against Robert P. Popovich, Jack W. Moncrief, and the University of Texas System (UTS), seeking a declaration that it is entitled to a certain patent issued to Popovich and Moncrief and the imposition of a constructive trust on all funds derived from the patent. The district court granted judgment in favor of Popovich and Moncrief, finding that the claims of the United States were barred by the doctrine of laches and by the Administrative Procedure Act (APA). The demands against UTS were dismissed under Fed.R.Civ.P. 12(b)(6)…