· 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 CourtListenerSourced 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.