State University Waives Eleventh Amendment Immunity

Addressing the issue of whether a state university can waive its Eleventh Amendment immunity by expressly agreeing to federal jurisdiction in an agreement, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s holding that the University of Massachusetts at Lowell (the University) waived its immunity by agreeing to submit to jurisdiction in an appropriate federal court. Baum Research and Development Co., Inc. v. University of Massachusetts at Lowell, Case No. 06-1330 (Fed. Cir., Oct. 10, 2007) (Newman, J.).

The University and Baum entered into a license agreement that included a provision that the "agreement will be construed … according to the laws of the State of Michigan and all parties agree to … submit to jurisdiction in the appropriate State or Federal Courts." Subsequently, Baum filed suit in a Michigan district court, claiming that the University breached the agreement and infringed the patents. The University responded by asserting immunity from the