By Kevin E. Noonan — In a conundrum worthy of a law school civil procedure examination, plaintiff Gensetix found itself apparently with no remedy for infringement by Baylor College of Medicine, Diakonos Research Ltd., and William Decker of patents licensed from the University of Texas (UT), when UT refused to join as a necessary party on sovereign immunity grounds. The Federal Circuit, in a fractured decision reminiscent of the alignment of the judges in Amgen v Sandoz, remedied this situation in its decision last Friday in Gensetix, Inc. v. Board of Regents of the University of Texas System. The case…
