News & Analysis as of

State Universities

Toyota Requests Adverse Judgment After University of Minnesota is Dismissed from IPR on the Basis of Sovereign Immunity

by Knobbe Martens on

A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s request for adverse judgment....more

Sovereign Immunity and Inter Partes Review

by Knobbe Martens on

Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction over states in suits brought by private...more

The PTAB Grants the University of Minnesota Sovereign Immunity but does not Terminate IPR

by Knobbe Martens on

The PTAB has again addressed sovereign immunity in the context of an IPR. Reactive Surfaces, LTD. petitioned for IPR of U.S. Patents No. 8,394,618 and 8,252,571. The ’618 and ’571 patents are co-owned by Toyota Motor...more

Are State-Owned Patents Immune From IPRs Under The Eleventh Amendment?

by Foley & Lardner LLP on

In separate non-precedential decisions issued by three different panels, the PTAB has permitted state university patent owners to invoke the Eleventh Amendment in Inter Partes Review proceedings. Each panel found that IPR...more

Not NORML: Blunt Speech in Gerlich v. Leath

A recent decision by the United States Court of Appeals for the Eighth Circuit serves as a cautionary reminder that once an educational institution creates a limited public forum for speech, it cannot then pick and choose...more

Southern Oregon University Victim of Phishing Scheme

Last month, Southern Oregon University (SOU) announced that it was the victim of a $1.9 million phishing scheme. SOU received an email purportedly from their contractor, Anderson Construction, requesting the April payment for...more

Three Point Shot - June 2017

by Proskauer Rose LLP on

"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

The PTAB Terminates IPR Based on Sovereign Immunity of University of Maryland

by Knobbe Martens on

On May 23, 2017, the PTAB granted the University of Maryland’s (UM) motion to terminate inter partes review based on UM’s sovereign immunity in Neochord, Inc. v. Univ. of Maryland, Baltimore and Harpoon Medical, Inc.,...more

U.S. District Court Holds that a State University Is Immune from False Claims Act Liability Despite Intervention by United States

by King & Spalding on

On April 11, 2017, the U.S. District Court for the District of Oregon granted Oregon Health and Sciences University’s (OHSU) motion to dismiss a qui tam False Claim Act (FCA) suit, holding that (1) OHSU is an “arm of the...more

Sovereign Immunity Can Shield State University Research Foundations in PTAB Proceedings

by McDermott Will & Emery on

Addressing the application of the sovereign immunity defense under the 11th Amendment in the inter partes review (IPR) context, the Patent Trial and Appeal Board (PTAB) dismissed three IPR petitions, finding that the...more

PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

by Winstead PC on

The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation...more

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