The University has filed motions to dismiss the case in its ongoing federal lawsuit with the National Association of Boards of Pharmacy claiming immunity.

The case involves a University pharmacy professor who is accused of collecting and disseminating national pharmacy exam questions. The defendants, Flynn Warren Jr., Henry Cobb and the Board of Regents, and the plaintiff, the NABP, have argued over pretrial motions for months.

The defendants are claiming sovereign immunity from the suit under the 11th Amendment to the U.S. Constitution, which says a state has immunity protecting itself against lawsuits. The defendants argue since they work for the state, they cannot be sued. The University is responsible for the two professors’ legal representation.

“We filed additional briefs this past Friday, and it is up to the court to decide whether to proceed with the case,” said Arthur Leed, associate director of legal affairs.

NABP is arguing the defendants are not entitled to immunity from copyright infringement. NABP claims Congress canceled such immunity by passing the Copyright Remedy Clarification Act and because of an agreement made in 1995 after a similar incident occurred concerning copyright infringement, according to court documents. The copyright infringement charge stems from the NABP owning the copyrights to the national pharmacy exam questions.

However, according to briefs by the defendants, they are privileged to immunity because of the capacity under which they were acting.

The federal lawsuit began in August after Warren was accused of collecting and distributing national pharmacy exam questions.

The North American Pharmacist Licensure Examination and the Georgia Multistate Pharmacy Jurisprudence Examination are required to practice pharmacy.

“In August, the judge limited the case to just examining jurisdiction and the court stopped the lawsuit,” Leed said.

In October, five other faculty members in the school of pharmacy were added to the suit.

Each side has filed additional briefs during the last few weeks, and there is no indication of a resolution.

“It’s really hard to tell when it could be over,” Leed said. “Various things could be appealed and go to other courts, so a timeline is uncertain.”