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Eleventh Amendment Revisited – Board Again Finds Sovereign Immunity Applies to PTAB, PTAB Litigation Blog

June 2017

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Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings, the Board has again dismissed an IPR Petition filed against a state university. See, Neochord, Inc. v. University of Maryland, Baltimore, IPR2016-00208, Paper 28 ("Neochord"); see also, "Board Tackles Constitutional Law – Finds Eleventh Amendment Sovereign Immunity Applies to PTAB." Neochord provides state universities with further insulation from PTAB review, but appears to leave the door open for subsequent challenges.

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