States Cannot Claim Sovereign Immunity to Shield Their Patents From IPR, PTAB Litigation Blog

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In a precedential decision, issued June 14, 2019, the Federal Circuit affirmed the PTAB’s ruling against the University of Minnesota, declining to dismiss petitions for inter partes review ("IPR"). The court rejected the university’s argument that sovereign immunity shielded its patents from IPR, and it explicitly held that sovereign immunity does not apply to IPR proceedings. See Regents of the University of Minnesota v. LSI Corp., No. 18-1559 (Fed. Cir. 2019). We recently discussed the IPR proceedings and PTAB decision in this matter here.

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