Competitive Technologies, Inc., et al. v. Fujitsu Limited, et al. (Fed. Cir.)

June 30, 2004 on 9:52 am | In Caselaw |

Competitive Technologies, Inc., et al. v. Fujitsu Limited, et al.
Federal Circuit, June 30, 2004
Before MAYER, Chief Judge, GAJARSA, and DYK, Circuit Judges.
Opinion by DYK.

The Board of Trustees of the University of Illinois (“the University”) brought suit against Fujitsu Limited; Fujitsu General Limited; Fujitsu Hitachi Plasma Display Limited; Fujitsu General America, Inc.; and Fujitsu Microelectronics, Inc. (collectively, “Fujitsu”), alleging that Fujitsu infringed U.S. Patent Nos. 4,866,349 (the “’349 patent”) and 5,081,400 (the “’400 patent”). Fujitsu asserted affirmative defenses and counterclaims against the University. The University sought to have some of the counterclaims dismissed on Eleventh Amendment sovereign immunity grounds. The United States District Court for the Northern District of California denied the University’s motion to dismiss Counterclaims 6-11 but stated that “it may be necessary to revisit the question of [the University’s] waiver of Eleventh Amendment immunity.” Competitive Techs. v. Fujitsu Ltd., 286 F. Supp. 2d 1118, 1140 n.15 (N.D. Cal. 2003). The University appealed, claiming that the district court’s order was immediately appealable under the collateral order doctrine of Puerto Rico Aqueduct & Sewer Authority v. Metcalf & Eddy, Inc., 506 U.S. 139 (1993). We dismiss the appeal for lack of jurisdiction.

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