Intellectual Property Litigator Quoted in Reuters, Bloomberg BNA and Law360 on State Sovereign Immunity

In The News
December 22, 2017
Capital Insights.

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.