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· 10/23/2007

Biomedical Patent Management Corp. v. California

Citations

  • 505 F.3d 1328
  • 85 U.S.P.Q. 2d (BNA) 1074
  • 2007 U.S. App. LEXIS 24736
  • 2007 WL 3071687

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that a city council resolution is “unquestionably a matter of public record”
  • noting that “inconsistency” in the judicial estoppel context “is excused by an intervening change in the law”
  • finding that judicial estoppel did not preclude California Department of Health Services from waiving sovereign immunity in the first suit and asserting it in the 2006 case
  • taking judicial notice of court filings from previous litigation between the parties as public records
  • describing Lapides as involving “the same action,” Gunter as involving “one continuous action,” Vas-Cath as involving “a later phase of a continuous proceeding,” and Ramsey as involving “one continuous proceeding”
  • stating that a waiver by litigation conduct must be clear

Source: CourtListener parenthetical corpus (CC0).

Judges: Rader and Gajarsa, Circuit Judges, and O'malley, District Judge

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.