Considerations For State Universities After PTAB Win

Law360, New York (February 9, 2017, 11:41 AM EST) -- William Hubbard

Christopher M. Humphrey

John F. Morrow Jr. Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the least of which is that some portfolios generate millions of dollars in licensing revenues. Recently, a decision of the Patent Trial and Appeal Board found that sovereign immunity prevents inter partes reviews from being instituted regarding patents owned by many state universities. This result is a boon to university patent portfolios, and as explored in this article, universities should consider this new application of sovereign immunity in their...

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