Searching Content indexed under Sovereign Immunity: Public Sector Government by Scott A. McKeown ordered by Published Date Descending.
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Podcast: IP(DC): Patent Battles – New Patent Initiatives On The Hill & Notable CAFC/SCOTUS Decisions
Matt and Scott also discuss the recently proposed Term Act, which seeks to limit patent term for some Bio/Pharma patents as well as notable decisions of the Federal Circuit and SCOTUS.
United States
2 Jul 2019
Tribal Sovereign Immunity Denied, Will State Immunity Hold At The PTAB?
Last Friday, the Federal Circuit affirmed the Patent Trial & Appeal Board's denial of tribal sovereign immunity as a patent owner defense to an AIA trial challenge.
United States
24 Jul 2018
PTAB's Sovereign Power Superior To State/Tribes
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.
United States
18 May 2018
Senate Moves To Strip PTAB Sovereign Immunity Defenses
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...
United States
12 Mar 2018
Mohawk Tribe Seeks Discovery/FOIA On PTAB Expanded Panel Process
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 ...
United States
3 Jan 2018
Sovereign Immunity Begins To Unravel At PTAB
State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment.
United States
20 Dec 2017
PTAB Invites Amicus Input On Sovereign Immunity Dispute
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 ...
United States
7 Nov 2017
Sovereign Immunity At The PTAB A Temporary Phenomena?
In Oil States, the "trial argument" is made to distinguish IPR proceedings from patent reexamination.
United States
14 Sep 2017
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