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Home / Opinion / 08-4164 Board of Regents v. Phoenix International Software, Inc.

08-4164 Board of Regents v. Phoenix International Software, Inc.

Constitutional Law Sovereign immunity A state does not lose its sovereign immunity through litigation conduct. "Phoenix contends that Wisconsin's litigation status was similarly changed-and its sovereign immunity similarly waived-when it made the decision to file an action in district court pursuant to 15 U.S.C. § 1071(b) rather than appealing the TTAB's decision to the Federal Circuit pursuant to ...

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