Baum Research V. Univ. Mass.

Baum Research & Developmental Company v. University of Massachusetts at Lowell Federal Circuit Court of Appeals 503 F.3d 1367 (Fed. Cir. 2007) Key Search Terms: Trademark, Patent Infringement, Immunity, Breach of Contract Facts Charles Baum was the inventor of a device that tested baseball bats. Baum and the university executed a contract for use of the device with a provision that the parties would be governed by Michigan state laws. Baum filed suit alleging breach of contract and patent infringement. The university claimed that the Eleventh Amendment provides immunity from the lawsuit and filed a motion to dismiss. The district court denied the university’s motion to dismiss reasoning that immunity was waived by the contract provision regarding jurisdiction. A jury trial was held on the breach of contract claim, ruling in favor of Baum. The University now appeals the denial of its motion to dismiss. Issue The issue is whether the university waived its Eleventh Amendment immunity by consenting to the terms of the contract. Holding The Eleventh Amendment limits the judicial authority of the federal courts and prevents suits that were not consented to against the state. Both parties agree that the University is an arm of the state and the university contends that the Eleventh Amendment is applicable. The court has previously held that a state waives its immunity when it “clearly declares its intention to submit to federal jurisdiction – but the intention must be ‘unequivocally expressed.’” General consent provisions are not adequate. The Federal Circuit held that the contract terms are unambiguous and do serve as a waiver of Eleventh Amendment immunity. The ruling of the district court is affirmed. Summarized By: Tiffini Grimes