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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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October 1 Deadline for Public Comment on EU Unitary Patent System


Time to Read: 1 minutes Practices: Intellectual Property Litigation, Patent Strategy

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As previously announced, the preparatory committee for Europe’s Unitary Patent System is soliciting public comment on its draft rules of procedure, which will be applied by the divisions of the new Unified Patent Court (see our prior Alert). This is a reminder that the deadline for comment submission is October 1, 2013. 
 
This is an unusual opportunity for international companies to voice their suggestions for enhancing the system. Many international companies have already commented. All are invited and encouraged to participate. 
 
Comments should be sent to the following email address: secretariat@unified-patent-court.org.
 
Key issues that are still developing and are in particularly need of public comment include:

  • standards for deciding when to grant injunctions (Rule 211) 
  • standards for deciding when to bifurcate infringement and validity (Rules 37, 40, 118) 
  • restrictions on a claimant’s ability to “forum shop” among different local divisions within the EU, and 
  • costs for opting out and ongoing maintenance of patent portfolios in the new system 

If you have questions about these issues, how your company will be impacted, or how to prepare your company to take advantage of the new rules, please contact Ed Kelly.

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