Mondaq USA: Litigation, Mediation & Arbitration > Sovereign Immunity: Public Sector Government
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...
McDermott Will & Emery
The remaining three inventors assigned their rights to Toyota. Accordingly, the patent is co-owned by Toyota and the Regents.
Troutman Sanders LLP
In Kent v. TransUnion, plaintiff Rowdy Kent sued multiple consumer reporting agencies and the United States Defense Finance and Accounting Services for alleged violations of the Fair Credit Reporting Act.
McDermott Will & Emery
The US Court of Appeals for the Federal Circuit clarified that the causal nexus necessary to prove irreparable harm in a multi-purchaser, multi-component setting does not require proof that the infringing feature...
Smith Gambrell & Russell LLP
Recent decisions by the Patent Trial and Appeal Board (PTAB) have given state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings in certain scenarios.
WilmerHale
On July 10, 2017, the US Court of Appeals for the Ninth Circuit became the first circuit court to apply the six-year statute of limitations from the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act).
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...
Mayer Brown
When a small business is teetering on the brink of insolvency, the owner of the business will sometimes infuse the business with cash, characterizing the transaction as a loan...
Ogletree, Deakins, Nash, Smoak & Stewart
On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, ...
Holland & Knight
A recent decision by the U.S. District Court for the Northern District of Illinois allowed one company to sue its direct competitor for misappropriation of trade secrets based entirely on the improper...
Foley Hoag LLP
In Maryland, unlike in some other states, the attorney general has historically required the governor's or legislature's express permission to undertake legal action against the federal government.
Archer & Greiner P.C.
In NL Industries, Inc. v. State, Docket No. 076550, decided on March 27, 2017, the Supreme Court of New Jersey held that the State of New Jersey's waiver of sovereign immunity for contribution claims...
McDermott Will & Emery
Addressing the application of the sovereign immunity defense under the 11th Amendment in the inter partes review (IPR) context, the Patent Trial and Appeal Board (PTAB) dismissed three IPR petitions.
BakerHostetler
The United States Supreme Court recently declined review of the First Circuit Court of Appeals' ruling that the University of Massachusetts Medical School was an "arm of the state,"...
Cozen O'Connor
Floods lead to costly claims for insurance companies. Unfortunately, subrogated insurers are frequently precluded from pursuing governmental entities that cause flooding...
BakerHostetler
The U.S. Congress overturned a veto by President Obama allowing families of the victims of September 11 to sue Saudi Arabia in U.S. courts.
Carlton Fields
In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds.
BakerHostetler
Over the past several decades, hundreds of countries have negotiated and signed over 3,000 investment treaties.
Most Popular Recent Articles
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...
McDermott Will & Emery
The US Court of Appeals for the Federal Circuit clarified that the causal nexus necessary to prove irreparable harm in a multi-purchaser, multi-component setting does not require proof that the infringing feature...
Troutman Sanders LLP
In Kent v. TransUnion, plaintiff Rowdy Kent sued multiple consumer reporting agencies and the United States Defense Finance and Accounting Services for alleged violations of the Fair Credit Reporting Act.
McDermott Will & Emery
The remaining three inventors assigned their rights to Toyota. Accordingly, the patent is co-owned by Toyota and the Regents.
Ropes & Gray LLP
In Oil States, the "trial argument" is made to distinguish IPR proceedings from patent reexamination.
Smith Gambrell & Russell LLP
Recent decisions by the Patent Trial and Appeal Board (PTAB) have given state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings in certain scenarios.
WilmerHale
On July 10, 2017, the US Court of Appeals for the Ninth Circuit became the first circuit court to apply the six-year statute of limitations from the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act).
Ogletree, Deakins, Nash, Smoak & Stewart
On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, ...
Mayer Brown
When a small business is teetering on the brink of insolvency, the owner of the business will sometimes infuse the business with cash, characterizing the transaction as a loan...
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...
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