Sovereign Immunity at the PTAB: Where do we stand?

Knobbe Martens
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Sovereign Immunity

- Sovereign immunity exempts a sovereign from the jurisdiction of a court

- States are entitled to sovereign immunity under the 11th amendment Seminole Tribe of Fla v. Florida, 517 U.S. 44 (1996)

..State universities and their research foundations also immune as “arms of the state” Regents of the Univ. of California v. Doe, 519 U.S. 425, 429 (1997).

- Sovereign immunity extends to adjudicative proceedings before an administrative agency Federal Maritime Comm’n v. South Carolina State Ports Authority, 535 U.S. 743 (2002).

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