Analysis

State-Held Patents Fair Game At PTAB After Fed. Circ. Ruling

Law360 (June 17, 2019, 6:46 PM EDT) -- The Federal Circuit's ruling that state sovereign immunity doesn't apply in inter partes review removes a shield that was believed to increase the value of state-owned patents, while highlighting a simmering tension among U.S. Supreme Court justices in how they view Patent Trial and Appeal Board proceedings.

In a case involving the University of Minnesota, the appeals court held Friday the protections that states enjoy against being sued do not extend to inter partes reviews at the PTAB. The ruling follows the court's decision last summer that tribal sovereign immunity also does not apply in IPR.

It's not uncommon for state...

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