A Texas federal judge recently ruled that the University of Texas Medical Branch (UTMB) could not assert a claim of sovereign immunity or refer the case to an administrative hearing to escape a lawsuit claiming copyright infringement and seeking injunctive relief.
Pete Marketos, Tyler Bexley, and Josh Russ represent KaZee, Inc. in a lawsuit seeking an injunction against UTMB for unauthorized use of a medical records software program. UTMB admittedly exceeded the scope of a license between the parties regarding use of the program but asserted that sovereign immunity applies because the claims grow from a breach of contract claim that has not been adjudicated.
The RM lawyers successfully argued that an exception from sovereign immunity applies because the current lawsuit only seeks injunctive relief from ongoing use. The parties will now move forward with a hearing on KaZee’s motion for a preliminary injunction.
For a Law360 article with additional details, click here.