News & Analysis as of

Sovereign Immunity Patent Trial and Appeal Board Patents

McDermott Will & Emery

A Maze-Like Path and Laundry List Don’t Provide Written Description

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) decision that there was insufficient written description in the asserted priority applications to support a genus claim because of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2023

Regents of the University of Minnesota v. Gilead Sciences, Inc., Appeal No. 21-2168 (Fed. Cir. Mar. 6, 2023) The Federal Circuit’s only precedential patent opinion this week focuses on the written description requirement...more

McDonnell Boehnen Hulbert & Berghoff LLP

LSI Corp. v. Regents of the University of Minnesota (Fed. Cir. 2022)

A little more than three years ago, the Federal Circuit rejected the University of Minnesota's contention that LSI was barred from bringing (and the Patent Trial and Appeal Board barred from hearing) an inter partes review of...more

McDonnell Boehnen Hulbert & Berghoff LLP

FDA Approves Generic Restasis

On Wednesday, the U.S. Food and Drug Administration announced approval to Mylan Pharmaceuticals for a generic form of Allergan's RESTASIS® (Cyclosporine Ophthalmic Emulsion 0.05%) product for treatment of chronic dry eye. ...more

Harris Beach PLLC

Important 2020 Patent Law Decisions from the Court of Appeals for the Federal Circuit

Harris Beach PLLC on

Whether you are pursuing patents on your new technology, thinking about bringing patent infringement litigation or defending patent infringement claims in court, knowing the important developments in patent law will help you...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2020: #5 to #8

After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories.  For 2020, we identified eight stories that were covered on Patent Docs last year that we believe...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

Jones Day on

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

Miller Canfield

IP Litigation Quarterly Update

Miller Canfield on

Introducing the IP Litigation Quarterly Update, a quarterly newsletter summarizing noteworthy and interesting opinions related to intellectual property law. In this first edition covering the first quarter of 2020, the...more

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

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Regents of the Univ. of Minn. v. LSI Corp., 926 F.3d 1327...

LSI and Ericsson petitioned for inter partes review (IPR) of several patents owned by the University of Minnesota (UMN). UMN moved to dismiss each IPR based on state sovereign immunity. The Patent Trial and Appeal Board...more

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

Knobbe Martens

Federal Circuit Review - September 2019

Knobbe Martens on

State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

State of Minnesota Petitions for Certiorari in Regents of University of Minnesota v. LSI Corp.

Not unexpectedly, the State of Minnesota, as sovereign of the Regents of the University of Minnesota, filed on Thursday its petition to Supreme Court for certiorari.  The State contends that the Federal Circuit erred in...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

Knobbe Martens

Federal Circuit Review - June 2019

Knobbe Martens on

One-year Clock for Filing IPR Petition Applies to Litigants and Parties that Become Privies of the Litigant Prior to Institution. In Power Integrations, Inc v. Semiconductor Components, Appeal No. 2018-1607, the Federal...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

Jones Day

States Cannot Claim Sovereign Immunity to Shield Their Patents From IPR

Jones Day on

In a precedential decision, issued June 14, 2019, the Federal Circuit affirmed the PTAB’s ruling against the University of Minnesota, declining to dismiss petitions for inter partes review (“IPR”). The court rejected the...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

Kilpatrick

No State Sovereign Immunity in IPRs

Kilpatrick on

The Federal Circuit held, in a precedential opinion on June 14, 2019, that sovereign immunity does not apply to IPRs challenging state-owned patents (Regents of the Univ. of Minnesota v. LSI Corp., No. 2018-1559, --- F.3d...more

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

PTAB Strategies and Insights - June 2019: States Must Face IPR Challenges Similar to Tribes

In Regents of the Univ. of Minn. v. LSI Corporation, Fed. Cir., No. 18-01559, the Federal Circuit extended the inability to stand behind 11th Amendment Sovereign Immunity to patents owned by individual states, such that they...more

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

PTAB Strategies and Insights - June 2019

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

Womble Bond Dickinson

State Sovereignty 101: State Universities Not Immune to IPR Proceedings

Womble Bond Dickinson on

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

Knobbe Martens

State Sovereign Immunity Does Not Bar an IPR

Knobbe Martens on

REGENTS OF THE UNIV. OF MINN. v. LSI CORPORATION - Before Dyk, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: State sovereign immunity does not apply to IPR proceedings asserted against...more

McDonnell Boehnen Hulbert & Berghoff LLP

Regents of the University of Minnesota v. LSI Corp. (Fed. Cir. 2019)

The Federal Circuit handed down its decision in Regents of the University of Minnesota v. LSI Corp. on Friday, and perhaps not surprisingly (in view of its decision last summer in Saint Regis Mohawk Tribe v. Mylan...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Denied Certiorari Writ by St. Regis Mohawk Indian Tribe in Restatis® IPR

On April 15, 2019, the U.S. Supreme Court denied a petition for writ of certiorari by the St. Regis Mohawk Indian Tribe on the question (answered in the negative by the Patent Trial and Appeal Board and the Federal Circuit)...more

117 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide