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State Contracting & Engineering Corp. v. State of Florida

In case involving patent for sound barrier walls, grant of summary judgment in favor of Florida affirmed as to patent infringement and Lanham Act claims on grounds of sovereign immunity; judgment affirmed as to takings and breach of contract claims; grant of summary judgment in favor of private contractors on patent infringement claims vacated because the contract at issue did not provide a license for patent rights to the private contractors.

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Appealed from: U.S. District Court for the Southern District of Florida

Judge William P. Dimitrouleas

State Contracting & Engineering Corporation (“State Contracting”) and State Paving Corporation (“State Paving”) (collectively “plaintiffs”) appeal the decision of the United States District Court for the Southern District of Florida granting summary judgment in favor of the defendants. State Contracting & Eng’g Corp. v. Florida, No. 97-7014-CIV-DIMITROULEAS (S.D. Fla. Mar. 2, 2000) (“Final Order”). We affirm the district court’s grant of summary judgment to the State of Florida as to the patent infringement and Lanham Act claims (counts I, II, IV) on grounds of sovereign immunity. We also affirm the district court’s grant of summary judgment to the State of Florida as to the takings claim (count V) and the breach of contract claim (count VI). However, we hold that the district court erred in granting summary judgment to the private contractors on the patent infringement claims (counts III and VII), and therefore we vacate and remand as to these claims. Accordingly, we affirm in part, vacate in part, and remand.

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