Intellectual PropertyAnthony S. Volpe and Kevin P. Proud, The Legal Intelligencer
Sovereign Immunity as Applied by PTAB in Inter Partes Reviews
With the increasing presence of various state arms, like universities and hospitals, involved in research and the licensing of technology, particularly patents, cases concerned with how to apply sovereign immunity to those state related entities are receiving more attention. This increased attention is very evident in the Inter Partes Review proceedings filed in the U.S. Patent and Trademark Office (USPTO) as an alternative to patent litigation in Article III courts.
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