Sovereign Immunity: A Wake-Up Call For USPTO Director?

Law360, New York (March 3, 2017, 1:19 PM EST) -- On Jan. 25, 2017, five days after Inauguration Day, a panel of administrative patent judges at the Patent Trial and Appeal Board dismissed three inter partes review petitions on the basis of sovereign immunity.[1] Covidien had filed three petitions against a patent owned by the University of Florida Research Foundation, a state entity. Under the Eleventh Amendment to the United States Constitution, the "Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects...

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