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BCLP

Antitrust Guidance by the Justice Department for Higher Education Institutions non-Standard Essential Patents Pool Reveals A Path...

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The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”)....more

McDonnell Boehnen Hulbert & Berghoff LLP

Board of Regents of the University of Texas System v. Baylor College of Medicine (Fed. Cir. 2020)

Any patent litigant unwilling to acquiesce to an adverse judgment from the Patent Trial and Appeal Board (PTAB) can appeal to the Federal Circuit.  28 U.S. Code § 141.  But the right to appeal is not the same as the wisdom of...more

Jones Day

Fed. Cir. Reaffirms No State Sovereign Immunity in IPRs

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In a non-precedential opinion, the Federal Circuit recently reaffirmed that state universities cannot use sovereign immunity to avoid patent challenges at the PTAB stating that, “sovereign immunity does not apply to IPR...more

Sunstein LLP

When a State University is a Reluctant Plaintiff, Can Its Licensee Sue Anyway?

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Companies seeking to license patents from state universities face a special risk--sovereign immunity. The 11th Amendment to the US Constitution deprives federal courts of jurisdiction to hear complaints brought by a citizen...more

Benesch

3D Printing Quarterly Report - Q4 2019

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Rösler expands AM Solutions division to offer 3D printing services - AM Solutions, the Italian 3D printing subsidiary of the Rösler Group, a German company specializing in surface finishing solutions, will expand to offer a...more

K&L Gates LLP

K&L Gates Triage: Five Key Questions for Academic Medical Centers About Patent Ownership and Enforcement

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On this week’s episode, George Summerfield and Kelly Plummer explore five key questions academic medical centers often face with respect to patent ownership and enforcement. Their discussion covers a number of issues,...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Closes Another AIA Loophole

The Federal Circuit recently ruled that state sovereign immunity does not apply in Inter Partes Review (IPR) proceedings, closing another America Invents Act (AIA) loophole. The case, Regents of the University of Minnesota v....more

Womble Bond Dickinson

State Sovereignty 101: State Universities Not Immune to IPR Proceedings

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School may be out for the summer, but public colleges and universities would do well to spend their break shoring up strategies and defenses against potential inter partes review (“IPR”) proceedings. Last week the Federal...more

Benesch

3D Printing Quarterly Report - Q3 2018

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Aurora Group to market Nano Dimension 3D printers in China - The deal expands Nano Dimension’s already active presence in Asia Pacific beyond Hong Kong, South Korea, Singapore and Taiwan. Founded in 2012, Nano Dimensions...more

Benesch

3D Printing Quarterly Report - Q2 2018

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Global Advanced Metals and LPW Technology partner on 3D printing of tantalum devices - Global Advanced Metals (GAM), a maker of tantalum and niobium products, and LPW Technology, a metal powder for additives manufacturer,...more

Tarter Krinsky & Drogin LLP

State University's Filing Of Patent Infringement Action Waives Sovereign Immunity To IPR Proceedings

The PTAB (Patent Trial and Appeal Board) of the USPTO recently issued a decision that a filing of a patent infringement action by a public university waives sovereign immunity to inter partes review (IPR) proceedings in the...more

Jones Day

PTAB Recognizes Limits to Eleventh Amendment Sovereign Immunity

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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 by filing actions against the...more

Mintz - Intellectual Property Viewpoints

Assertion of Patents Results in Loss of Sovereign Immunity for Public Universities

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 by inter partes review (IPR) by...more

Hogan Lovells

Sovereign immunity shields university from inventorship dispute

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In a case involving medical methods invented by two Nobel laureates, the U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a third researcher from pursuing his claim of co-inventorship...more

Womble Bond Dickinson

State Universities Gain Immunity from IPRs

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State Universities Gain Immunity from IPRs - Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the...more

Robins Kaplan LLP

[Webinar] Best Practices for Licensing in Today's Evolving Legal Framework - June 16th, 1:00pm CST

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The Supreme Court of the United States recently held that royalty payments beyond the expiration of a patent are per se unlawful. However, many ground-breaking technologies being developed and licensed from the nation's...more

Ballard Spahr LLP

Patent Trial & Appeal Board Finds Obscure Russian Doctoral Thesis Qualifies as Prior Art

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The Patent Trial and Appeal Board (Board) recently provided important guidance for prior art “printed publications” asserted in invalidity challenges under the 2011 Leahy-Smith America Invents Act (AIA) concerning a doctoral...more

McDonnell Boehnen Hulbert & Berghoff LLP

BIO Commissioned Study Calculates Economic Contribution of University/Nonprofit Inventions in the U.S.

Last month, the Biotechnology Industry Organization (BIO) announced the release of a BIO commissioned study that estimates the economic impact of academic licensing between 1996 and 2013. The study, entitled "The Economic...more

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