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U. Of Minn. Says Infringement Suits Didn't Waive IPR Immunity

Law360, New York (June 22, 2017, 4:46 PM EDT) -- The University of Minnesota urged the Patent Trial and Appeal Board on Wednesday to dismiss challenges Ericsson Inc. brought against five of its patents in inter partes review, arguing it did not waive sovereign immunity by suing phone carriers like AT&T for infringement.

The case appears poised to address one of the big questions left open after the PTAB in January held for the first time that state universities could use sovereign immunity as a defense in IPR: whether the filing of an infringement lawsuit waives those protections.

UM, which sued several Ericsson customers in 2014, insisted Wednesday it does not....

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