State AG Pulse | The Laboratories of Democracy
The Alaska Supreme Court recently affirmed and expanded Tribal sovereignty in Ito v. Copper River Native Association, issued on April 26, 2024, in which the court adopted a new multi-factor inquiry to determine whether an...more
The Supreme Court of the United States issued 3 decisions today: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin,No. 22-227: This statutory interpretation and federal Indian law case addressed the...more
This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court...more
On September 3, 2021, in a potentially far-reaching decision, the U.S. District Court in Minnesota decided that it could not intervene in a case brought by tribal members suing the State of Minnesota for a pipeline permit...more
We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law. On the one hand, we have a national and...more
Top Court Seeks Trump Administration Input on PennEast Pipeline - "The U.S. Supreme Court asked the Trump administration for input on a PennEast Pipeline Co. appeal that aims to jump-start a planned natural-gas line by...more
The US Court of Appeals for the Federal Circuit rejected the arguments of a state university in support of sovereign immunity and affirmed the district court’s decision to transfer the case to the District of Delaware. Board...more
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
PATENT CASE OF THE WEEK - Board of Regents of the University of Texas Sys. v. Boston Scientific Corp., Appeal No. 2018-1700 (Fed. Cir. Sept. 5, 2019) - This week’s case of the week involves issues relating to venue...more
BOARD OF REGENTS v. BOSTON SCIENTIFIC CORP. Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Western District of Texas. Summary: The patent venue statute governs actions filed by a...more
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
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
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