In The News

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

Practices: Intellectual Property, Intellectual Property Litigation, Patent Trial & Appeal Board (PTAB) Proceedings

Capital Insights.

Intellectual property litigation partner Scott McKeown and counsel Matthew Rizzolo (both of Washington, D.C.) were 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.

They explain 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. They expect 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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