A US Supreme Court ruling that New Jersey Transit Corp. isn’t entitled to sovereign immunity is forcing the transit system to defend a railworker-safety patent suit on the merits and opens transit operators to similar liability.
NJ Transit withdrew the portion of its motion to dismiss Railware Inc.'s suit that was based on 11th Amendment immunity. In a letter filed March 13 in the US District Court for the Southern District of New York, it said it “maintains the remaining arguments” in its bid to toss Railware’s allegations of willful and indirect infringement.
The filing followed the Supreme Court’s March ...
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