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Federal Circuit Confirms that State Sovereign Immunity, Like Tribal Immunity, Cannot Shield Patents from AIA Patent Challenges

On June 14 the Federal Circuit further clarified that sovereign immunity cannot be used to shield a patent from having its validity challenged in inter partes review proceedings at the Patent Trial & Appeal Board (PTAB). In Regents of the University of Minnesota vs. LSI Corporation, a panel consisting of Judges Dyk, Wallach, and Hughes built upon the court’s prior decision in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals, Inc. involving tribal sovereign immunity, and found that the University of Minnesota’s sovereign immunity did not preclude inter partes review (IPR) of its patents.

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Woglom to address London pharmaceutical patent conference


Time to Read: 1 minutes Practices: Intellectual Property

Eric C. Woglom, a partner in the Fish & Neave IP Group of Ropes & Gray, will discuss recent legislative and judicial developments affecting the U.S. pharmaceutical industry, including the status of proposed patent law reform measures, at the fifth annual Pharmaceutical Patent Life Cycles Conference in London on January 19-20, 2006.

Presented by C5, the conference provides authoritative information on strategies and developments in the field of pharmaceutical patents to a large audience of in-house and patent counsel, attorneys, patent agents and directors and managers of IP from pharmaceutical companies worldwide.

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