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America Invents Act › Sovereign Immunity

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -
Jones Day

Key Patent Decisions of 2019

Jones Day on

In another noteworthy year for patent law, the U.S. Supreme Court and the Federal Circuit issued several decisions that altered the patent landscape, including three Supreme Court decisions. The topics of the key cases...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Five Stories of 2019

McDonnell Boehnen Hulbert & Berghoff LLP on

After reflecting upon the events of the past twelve months, Patent Docs presents its 13th annual list of top patent stories.  For 2019, we identified fifteen stories that were covered on Patent Docs last year that we believe...more

International Lawyers Network

Patent Troll Suits Down, Not Out in 2018

International Lawyers Network on

Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and...more

Sunstein LLP

State Universities Are Not Immune From Challenges to Their Patents at the USPTO

Sunstein LLP on

Under constitutional principles of United States law, states generally enjoy sovereign immunity. This immunity, enshrined in the 11th amendment of the US Constitution, bars private parties from bringing lawsuits against the...more

McDermott Will & Emery

No State Sovereign Immunity in AIA Proceedings

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit has held that state sovereign immunity does not apply to inter partes review (IPR) proceedings. Regents of the Univ. of Minn. v. LSI Corp., Case No. 18-1559 (Fed. Cir. June 14,...more

Ladas & Parry LLP

U.S. Court Of Appeals For The Federal Circuit Has Held That Neither State Agencies Nor Indian Tribes Enjoy Sovereign Immunity,...

Ladas & Parry LLP on

On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes do...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - June 2019

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Nutter McClennen & Fish LLP

Privity and Immunity: The Federal Circuit Issues Two Precedential Decisions Addressing Who Can Petition for and Who Can Be Subject...

Nutter McClennen & Fish LLP on

Late last week, the Federal Circuit issued Power Integrations, Inc. v. Semiconductor Components Indus., LLC and Regents of the Univ. of Minnesota v. LSI Corp. These two precedential decisions bring further clarity to who is...more

Mintz - Intellectual Property Viewpoints

Significant 2018 Patent Decisions and a Look Ahead

Mintz - Intellectual Property Viewpoints on

This year the Supreme Court, United States Court of Appeals for the Federal Circuit, and the Federal District Courts penned a number of opinions impacting patent law. Here are some key takeaways from the past year....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

Skadden, Arps, Slate, Meagher & Flom LLP on

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - September 2018

Wilson Sonsini Goodrich & Rosati on

AIA Institution Rates Following Supreme Court’s SAS Decision - On April 24, 2018, the Supreme Court issued its decision in SAS Institute v. Iancu, holding that when the Patent Trial and Appeal Board (PTAB) institutes an...more

McDermott Will & Emery

Tribal Immunity Does Not Apply to IPR Proceedings

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The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) finding that tribal immunity does not apply to inter partes review (IPR) proceedings. Saint Regis Mohawk Tribe v. Mylan...more

McDermott Will & Emery

Tribal Sovereign Immunity Does Not Apply to IPR

McDermott Will & Emery on

In a matter of first impression, the Patent and Trial Appeal Board (PTAB) denied a Native American tribe’s motion to terminate a finding that tribal sovereign immunity does not apply to inter partes review (IPR) proceedings....more

Knobbe Martens

The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB

Knobbe Martens on

The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe...more

Morrison & Foerster LLP

PTAB Rejects Tribal Immunity Proceedings - Decision Stands as Firm Rejection of Strategy of Transferring Patents to an Indian...

Morrison & Foerster LLP on

On February 23rd, 2018, a panel of the Patent Trial and Appeal Board (PTAB or “Board”) decided that: (1) Indian tribal sovereignty did not apply to post-grant proceedings established under the America Invents Act (AIA) and...more

McDermott Will & Emery

State Waived Sovereign Immunity by Asserting Challenged Patents in District Court

McDermott Will & Emery on

In a rare order by an expanded panel that included the chief, deputy chief and vice chief judges, the Patent Trial and Appeal Board (PTAB) denied the patent owner’s motions to dismiss based on sovereign immunity under the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Skeptical St. Regis Mohawk Tribe Requests Discovery Regarding Panel Selection Circumstances

McDonnell Boehnen Hulbert & Berghoff LLP on

The creation of adversarial procedures before the Patent Trial and Appeal Board under the Leahy-Smith America Invents Act (post-grant review, inter partes review, and covered business methods review) has raised a number of...more

Schwabe, Williamson & Wyatt PC

With Sovereign Immunity, the McCaskill Bill, and Oil States, Big Changes Might Be in Store for Inter Partes Review

Schwabe, Williamson & Wyatt PC on

When the American Invents Act was passed in 2011, most of us saw the inter partes review process as a streamlined, relatively inexpensive procedure that would permit accused infringers, especially those accused by...more

McDermott Will & Emery

Sovereign Immunity Cannot Protect Patent Co-Owned by Private Party

McDermott Will & Emery on

Addressing for the first time the issue of whether an inter partes review (IPR) may proceed where one of the co-owners was entitled to sovereign immunity under the 11th Amendment, the Patent Trial and Appeal Board (PTAB) held...more

Foley & Lardner LLP

Sovereign Immunity of State Universities: Can It Shield Them from AIA Patent Challenges?

Foley & Lardner LLP on

In what appears to be a case of first impression, the PTAB is poised to rule on the question of whether state sovereign immunity prevents an IPR challenge from being maintained against a University of Florida (“UF”) patent...more

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