United States:
Board Tackles Constitutional Law - Finds Eleventh Amendment Sovereign Immunity Applies To PTAB, PTAB Litigation Blog
13 February 2017
Jones Day
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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.
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