Mondaq USA: Litigation, Mediation & Arbitration > Sovereign Immunity: Public Sector Government
Jones Day
In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity ...
Ropes & Gray LLP
As I pointed out before the holidays, given the practical need to litigate patents in today's monetization environment, the Board's litigation waiver decision in Ericsson v. Regents of the University of Minnesota ...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On December 19, 2017, an expanded panel of the Patent Trial and Appeal Board (PTAB) ruled that the state of Minnesota waived its Eleventh Amendment immunity to challenges to patent validity ...
Smith Gambrell & Russell LLP
As previously reported, recent decisions by the Patent Trial and Appeal Board (PTAB) provided state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings.
Thompson Coburn LLP
The topic of sovereign immunity has been raised a number of times in recent months in inter partes review ("IPR") proceedings.
Ropes & Gray LLP
State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment.
Wolf, Greenfield & Sacks, P.C.
The same tribe also recently asserted several other patents against Microsoft and Amazon, and may assert sovereign immunity from IPR there too.
Ropes & Gray LLP
Previously I explained that the 7th amendment argument in Oil States and the 11th amendment argument for sovereign immunity from the PTAB are both tied to the same basic, threshold premise ...
Morgan Lewis
The Saint Regis Mohawk Tribe (the Tribe) in New York viewed these decisions as a business opportunity. Assuming its tribal government sovereign immunity would bar exposure to any IPR proceeding...
Ropes & Gray LLP
In Oil States, the "trial argument" is made to distinguish IPR proceedings from patent reexamination.
Marshall, Gerstein & Borun LLP
When a patent is co-owned by a state university and another party, an IPR may proceed against the remaining party even after the state university co-owner has been determined to have sovereign immunity...
McDermott Will & Emery
The remaining three inventors assigned their rights to Toyota. Accordingly, the patent is co-owned by Toyota and the Regents.
Troutman Sanders LLP
In Kent v. TransUnion, plaintiff Rowdy Kent sued multiple consumer reporting agencies and the United States Defense Finance and Accounting Services for alleged violations of the Fair Credit Reporting Act.
McDermott Will & Emery
The US Court of Appeals for the Federal Circuit clarified that the causal nexus necessary to prove irreparable harm in a multi-purchaser, multi-component setting does not require proof that the infringing feature...
Smith Gambrell & Russell LLP
Recent decisions by the Patent Trial and Appeal Board (PTAB) have given state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings in certain scenarios.
WilmerHale
On July 10, 2017, the US Court of Appeals for the Ninth Circuit became the first circuit court to apply the six-year statute of limitations from the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act).
Wolf, Greenfield & Sacks, P.C.
For the third time, the Board applied sovereign immunity as a defense to IPR. In Reactive Surfaces Ltd. v. Toyota Motor Corporation (IPR2017-00572 & IPR2016-01914), the Board determined that a public university...
Mayer Brown
When a small business is teetering on the brink of insolvency, the owner of the business will sometimes infuse the business with cash, characterizing the transaction as a loan...
Ogletree, Deakins, Nash, Smoak & Stewart
On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, ...
Holland & Knight
A recent decision by the U.S. District Court for the Northern District of Illinois allowed one company to sue its direct competitor for misappropriation of trade secrets based entirely on the improper...
Most Popular Recent Articles
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On December 19, 2017, an expanded panel of the Patent Trial and Appeal Board (PTAB) ruled that the state of Minnesota waived its Eleventh Amendment immunity to challenges to patent validity ...
Ropes & Gray LLP
As I pointed out before the holidays, given the practical need to litigate patents in today's monetization environment, the Board's litigation waiver decision in Ericsson v. Regents of the University of Minnesota ...
Ropes & Gray LLP
State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment.
Thompson Coburn LLP
The topic of sovereign immunity has been raised a number of times in recent months in inter partes review ("IPR") proceedings.
Jones Day
In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity ...
Smith Gambrell & Russell LLP
As previously reported, recent decisions by the Patent Trial and Appeal Board (PTAB) provided state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings.
Wolf, Greenfield & Sacks, P.C.
The same tribe also recently asserted several other patents against Microsoft and Amazon, and may assert sovereign immunity from IPR there too.
Troutman Sanders LLP
In Kent v. TransUnion, plaintiff Rowdy Kent sued multiple consumer reporting agencies and the United States Defense Finance and Accounting Services for alleged violations of the Fair Credit Reporting Act.
Wolf, Greenfield & Sacks, P.C.
For the third time, the Board applied sovereign immunity as a defense to IPR. In Reactive Surfaces Ltd. v. Toyota Motor Corporation (IPR2017-00572 & IPR2016-01914), the Board determined that a public university...
Smith Gambrell & Russell LLP
Recent decisions by the Patent Trial and Appeal Board (PTAB) have given state entities a green light to use sovereign immunity as a defense in Inter Parties Review (IPR) proceedings in certain scenarios.
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