Analysis

PTAB Limits Value Of Sovereign Immunity Patent Deals

Law360, New York (December 21, 2017, 8:45 PM EST) -- The Patent Trial and Appeal Board’s decision that the University of Minnesota opened several of its patents to review after it filed an infringement lawsuit significantly limits the value of sovereign immunity at the board, and could making strategic licensing deals with sovereign entities less appealing.

An expanded panel of PTAB judges on Tuesday denied a motion from UM seeking to dismiss petitions that Ericsson Inc. brought against several of its wireless communications patents in inter partes review, saying the state sovereign immunity that applies in IPRs is waived when the patent owner files an infringement lawsuit in district court. Experts...

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