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Post-Grant Review Eleventh Amendment

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

Troutman Pepper

State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

Troutman Pepper on

In Covidien LP v. University of Florida Research Foundation Inc., the Patent Trial and Appeal Board (the “Board”) upheld a defense of sovereign immunity asserted by the University of Florida Research Foundation (the...more

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