Intellectual property litigation counsel Matthew Rizzolo (Washington, D.C.) was quoted in a Dec. 19 - 21 articles in Reuters, Law360 and Bloomberg BNA’s Patent, Trademark & Copyright Journal examining an expanded Patent Trial and Appeal Board (PTAB) panel decision that has determined that the filing of a federal court action alleging patent infringement waives the University of Minnesota’s sovereign immunity in a subsequent inter partes review proceeding before the PTAB.
He explains that the PTAB decision in the Ericsson Inc. v. Regents of the University of Minnesota case is a setback to efforts by pharmaceutical and technology companies to shield patents from PTAB review by transferring them to state universities and Native American tribes. He expects an appeal and/or a petition for writ of mandamus review by the U.S. Court of Appeals for the Federal Circuit.
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