Mondaq USA: Litigation, Mediation & Arbitration > Sovereign Immunity: Public Sector Government
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A state's sovereign immunity does not allow its agencies to avoid the requirements of the patent venue statute.
Ropes & Gray LLP
In advance of the upcoming hearing, the U.S. Dept. of Justice has filed its amicus brief supporting the agency's decision to deny immunity.
Marshall, Gerstein & Borun LLP
In late March, the Federal Circuit issued an order staying the PTAB proceedings concerning numerous related IPRs of patents issued to Allergan, Inc. ("Allergan") ...
McDermott Will & Emery
In a matter of first impression, the Patent and Trial Appeal Board (PTAB) denied a Native American tribe's motion to terminate a finding that tribal sovereign immunity does not apply to inter partes review (IPR) ...
Ropes & Gray LLP
Last June, Senator Chris Coons (D-DE) and several co-sponsors introduced the Support Technology & Research for Our Nation's Growth and Economic Resilience (STRONGER) Patents Act of 2017 ...
Ropes & Gray LLP
Senator Tom Cotton (R-Arkansas) and Senator Claire McCaskill (D-Missouri) along with Senators Pat Toomey (R-Pennsylvania), Joni Ernst (R-Iowa), David Perdue (R-Georgia) introduced...
Jones Day
In a case of first impression, the PTAB recently decided that the doctrine of tribal sovereign immunity does not apply to inter partes review proceedings.
Singh & Associates
The United States District Court for the Eastern District of Texas on October 16, 2017 ruled four Allergan patents relating to its blockbuster eye drug Restasis, as invalid.
Jones Day
In September 2017, Saint Regis Mohawk Tribe moved to dismiss six instituted trials on petitions filed by Mylan Pharmaceuticals Inc.
Jones Day
In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity ...
Ropes & Gray LLP
As I pointed out before the holidays, given the practical need to litigate patents in today's monetization environment, the Board's litigation waiver decision in Ericsson v. Regents of the University of Minnesota ...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On December 19, 2017, an expanded panel of the Patent Trial and Appeal Board (PTAB) ruled that the state of Minnesota waived its Eleventh Amendment immunity to challenges to patent validity ...
Smith Gambrell & Russell LLP
As previously reported, recent decisions by the Patent Trial and Appeal Board (PTAB) provided state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings.
Thompson Coburn LLP
The topic of sovereign immunity has been raised a number of times in recent months in inter partes review ("IPR") proceedings.
Ropes & Gray LLP
State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment.
Wolf, Greenfield & Sacks, P.C.
The same tribe also recently asserted several other patents against Microsoft and Amazon, and may assert sovereign immunity from IPR there too.
Ropes & Gray LLP
Previously I explained that the 7th amendment argument in Oil States and the 11th amendment argument for sovereign immunity from the PTAB are both tied to the same basic, threshold premise ...
Morgan Lewis
The Saint Regis Mohawk Tribe (the Tribe) in New York viewed these decisions as a business opportunity. Assuming its tribal government sovereign immunity would bar exposure to any IPR proceeding...
Ropes & Gray LLP
In Oil States, the "trial argument" is made to distinguish IPR proceedings from patent reexamination.
Marshall, Gerstein & Borun LLP
When a patent is co-owned by a state university and another party, an IPR may proceed against the remaining party even after the state university co-owner has been determined to have sovereign immunity...
Most Popular Recent Articles
Ropes & Gray LLP
In advance of the upcoming hearing, the U.S. Dept. of Justice has filed its amicus brief supporting the agency's decision to deny immunity.
Singh & Associates
The United States District Court for the Eastern District of Texas on October 16, 2017 ruled four Allergan patents relating to its blockbuster eye drug Restasis, as invalid.
Jones Day
In a case of first impression, the PTAB recently decided that the doctrine of tribal sovereign immunity does not apply to inter partes review proceedings.
Ropes & Gray LLP
As I pointed out before the holidays, given the practical need to litigate patents in today's monetization environment, the Board's litigation waiver decision in Ericsson v. Regents of the University of Minnesota ...
Ropes & Gray LLP
Last June, Senator Chris Coons (D-DE) and several co-sponsors introduced the Support Technology & Research for Our Nation's Growth and Economic Resilience (STRONGER) Patents Act of 2017 ...
Wolf, Greenfield & Sacks, P.C.
For the third time, the Board applied sovereign immunity as a defense to IPR. In Reactive Surfaces Ltd. v. Toyota Motor Corporation (IPR2017-00572 & IPR2016-01914), the Board determined that a public university...
Wolf, Greenfield & Sacks, P.C.
The same tribe also recently asserted several other patents against Microsoft and Amazon, and may assert sovereign immunity from IPR there too.
Thompson Coburn LLP
The topic of sovereign immunity has been raised a number of times in recent months in inter partes review ("IPR") proceedings.
Smith Gambrell & Russell LLP
As previously reported, recent decisions by the Patent Trial and Appeal Board (PTAB) provided state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings.
Ropes & Gray LLP
Senator Tom Cotton (R-Arkansas) and Senator Claire McCaskill (D-Missouri) along with Senators Pat Toomey (R-Pennsylvania), Joni Ernst (R-Iowa), David Perdue (R-Georgia) introduced...
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