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Tag Archives: sovereign immunity

US – Patent IPRs: Sovereign immunity defence heading on up?

In this post, we discuss the sovereign immunity defence for IPRs which has garnered much attention, with the final chapter likely ending up at SCOTUS. The article was first published in Intellectual Property Magazine, April 2018. Summary So how does the sovereign immunity saga end? The PTAB and Congress have already made their scepticism of tribal

US: PTAB – What’s in store for the rest of the year?

In this post we examine how Section 101, IPRs and sovereign immunity defences are set to shape the board’s procedures and strategies over the coming months. The article was first published in Intellectual Property Magazine, March 2018. Before projecting the future, it is important to reflect on the past. The US Patent Trial and Appeal Board (PTAB)

U.S. – Sovereign immunity shields university from inventorship dispute

The U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a researcher from pursuing his claim of co-inventorship against a state research institution that owns the patents. The case, Ali v. Carnegie Institution of Washington, No. 2016-2320, per curiam, (Fed. Cir. April 12, 2017), holds some noteworthy lessons for state-affiliated