U. Of Minn. Urges Supreme Court To Consider PTAB Immunity

Law360 (September 13, 2019, 2:56 PM EDT) -- The Federal Circuit wrongly decided that states are not entitled to sovereign immunity in patent challenges, the University of Minnesota has told the U.S. Supreme Court.

The university's petition for a writ of certiorari, filed Thursday, claims that states shouldn’t be subject to inter partes reviews at the Patent Trial and Appeal board, given their sovereign immunity. The university warned that without its immunity protections, billions of dollars in patent rights will be in the air.

“Over the past few years, this court has repeatedly granted certiorari to decide questions regarding the conduct of IPR,” the petition said. “The case for certiorari...

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