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XECHEM INTERN. v. TEX. M.D. ANDERSON CANCER CTR.

No. 03-1406.

382 F.3d 1324 (2004)

XECHEM INTERNATIONAL, INC., Plaintiff-Appellant, v. THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER and Board of Regents of the University of Texas System, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

August 31, 2004.

Attorney(s) appearing for the Case

John P. Luther, Law Office of John P. Luther, of Kent, WA, argued for plaintiff-appellant.

David L. Parker, Fulbright & Jaworski L.L.P., of Austin, TX, argued for defendants-appellees. With him on the brief were Marcy Hogan Greer and Robert E. Hanson, Jr.

Before PAULINE NEWMAN, GAJARSA, and LINN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Xechem International, Inc., a biopharmaceutical company, brought suit against the University of Texas M.D. Anderson Cancer Center and the Board of Regents of the University of Texas System (collectively "the University") in the United States District Court, raising several federal and state counts arising from a collaborative project between Xechem and the University. In response to the complaint the University asserted its Eleventh...

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