Patent Board's Immunity Finding A Win For State Universities

Law360, New York (January 27, 2017, 10:35 PM EST) -- The Patent Trial and Appeal Board's decision that state sovereign immunity applies to America Invents Act inter partes reviews is a significant win for state universities with patent portfolios, but attorneys said it will also likely increase the calls that certain PTAB institution decisions can be appealed.

The PTAB this week dismissed petitions from Covidien LP challenging a University of Florida patent that relates to health care computer information systems. The patent has been at the center of a licensing dispute between the medical device supplier and the university.

In what is believed to be a first-of-its-kind decision, the board held...

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