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Waivers Eleventh Amendment

ArentFox Schiff

Sovereign Immunity in Managed Care Litigation: Federal Court Rejects Bid by State Plan Administrator to Dismiss Provider Suit

ArentFox Schiff on

On July 19, the US District Court for the Northern District of Texas denied a motion to dismiss Blue Cross Blue Shield of Texas (BCBSTX), which claimed sovereign immunity in a suit brought by a group of providers. In so...more

Cadwalader, Wickersham & Taft LLP

Summertime Reflections July 2023 - FFF Sovereign Immunity Series – Part XII

Today we release the twelfth – and penultimate – installment of our Sovereign Immunity Series. In this part, we discuss and provide a high-level overview of how sovereign immunity is viewed specifically through the lens of...more

Knobbe Martens

Sovereign Immunity at the PTAB: Where do we stand?

Knobbe Martens on

Sovereign Immunity - Sovereign immunity exempts a sovereign from the jurisdiction of a court - States are entitled to sovereign immunity under the 11th amendment Seminole Tribe of Fla v. Florida, 517 U.S. 44 (1996) ...more

Knobbe Martens

PTAB Finds that Suing in Federal Court Waives Sovereign Immunity

Knobbe Martens on

On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a patent infringement action in federal district court. ...more

Jones Day

Eleventh Amendment Revisited – Board Again Finds Sovereign Immunity Applies to PTAB

Jones Day on

Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings, the Board has again dismissed...more

Knobbe Martens

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

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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

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