Try our Advanced Search for more refined results

Expert Analysis

PTAB Deals A Crippling Blow To Sovereign Immunity

By Desmond O'Sullivan (January 3, 2018, 4:37 PM EST) -- Patent Trial and Appeal Board Chief Judge David Ruschke recently dealt sovereign immunity a crippling blow.[1] Although Judge Ruschke confirmed that Eleventh Amendment immunity does apply to sovereign actors, he held that when a sovereign actor files a patent infringement lawsuit, immunity is waived. [2] Given that 80 percent of inter partes reviews involve patents in parallel litigation,[3] Judge Ruschke's order markedly blunts sovereign immunity strategies....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!