Board Tackles Constitutional Law — Finds Eleventh Amendment Sovereign Immunity Applies to PTAB, PTAB Litigation Blog
The PTAB recently dismissed three IPR Petitions filed against the University of Florida Research Foundation on the basis of Eleventh Amendment sovereign immunity. See, Covidien LP v University of Florida Research Foundation Incorporated, IPR2016-01274; IPR2016-01275; IPR2016-01276, Paper 21 (“Covidien”). What remains to be seen is the extent to which this decision insulates state universities from PTAB review, and whether the Federal Circuit has jurisdiction to review the PTAB’s constitutional interpretation.
Read the full article at ptablitigationblog.com.