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Sovereign Immunity

PTAB / Sovereign Immunity

Sovereign immunity requires dismissal of University of Minnesota, but IPR proceeding will continue as to co-owner Toyota

Several Board decisions have issued this year finding public universities exempt from IPR proceedings because of the sovereign immunity clause of the 11th Amendment to the U.S. Constitution. See, e.g., Covidien v. University of Florida Research Foundation. In a recent decision, another university was dismissed from a pending IPR. This time, however, the IPR proceeding will […]

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