Gensetix, Inc. v. Baylor College of Medicine, No. 19-1424 (Fed. Cir. July 24, 2020)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This case involves the interplay of state sovereign im- munity under the Eleventh Amendment and required join- der of parties under Rule 19 of the Federal Rules of Civil Procedure. Gensetix, Inc. (“Gensetix”) exclusively licensed U.S. Patent Nos. 8,728,806 and 9,333,248 from the Univer- sity of Texas (“UT”), an arm of the state of Texas. Gensetix then sued Baylor College of Medicine, Diakonos Research Ltd., and William K. Decker (collectively, “Baylor”) for in- fringement of the patents -in-suit, naming UT as an GENSETIX, INC. v.