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BAUM RESEARCH AND DEV. v. UNIVER. OF MASS, LOWELL

No. 2006-1330.

503 F.3d 1367 (2007)

BAUM RESEARCH AND DEVELOPMENT COMPANY, INC., and Charles S. Baum, Plaintiffs-Appellees, v. UNIVERSITY OF MASSACHUSETTS AT LOWELL, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 10, 2007.

Attorney(s) appearing for the Case

Andrew Kochanowski, Sommers Schwartz, P.C., of Southfield, Michigan, argued for plaintiffs-appellees.

William H. Hurd, Troutman Sanders LLP, of Richmond, Virginia, argued for defendant-appellant.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MOORE, Circuit Judge.

Opinion for the court filed by Circuit Judge NEWMAN. Circuit Judge MOORE concurs in the judgment, and joins Part A but not Part B of the opinion.

NEWMAN, Circuit Judge.

The issue is whether the University of Massachusetts at Lowell ("the University") waived its Eleventh Amendment immunity by expressly agreeing to federal jurisdiction in a patent license agreement. The district court so held.1 On interlocutory review, we affirm...

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