Intellectual property litigation counsel Matthew Rizzolo (Washington, D.C.) was quoted in a Jan. 2 Law.com Skilled In the Art article on the Patent Trial & Appeal’s Board’s decision 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.
Mr. Rizzolo expects a quick appeal and/or a petition for writ of mandamus review by the U.S. Court of Appeals for the Federal Circuit, which will present an issue of first impression to the appeals court. He also noted that the Supreme Court will weigh in this year on an issue involving Native American sovereign immunity that may have implications for the Federal Circuit’s decision.
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