U.S. Supreme Court,
Civil Litigation,
Intellectual Property,
Government
Mar. 7, 2018
State universities and the shifting sands of sovereign immunity at the PTAB
The advent of inter partes review has revived excitement about sovereign immunity, an area of law that previously appeared largely settled in the context of federal patent infringement litigation, particularly as it applies to states.
Ewa M. Davison Ph.D.
Associate
Fenwick & West LLP
Ewa is in the firm's patent litigation group.
The advent of inter partes review has revived excitement about sovereign immunity, an area of law that previously appeared largely settled in the context of federal patent infringement litigation, particularly as it applies to states. The 11th Amendment, as interpreted by the judiciary, shields states and their agents from being sued in federal court by private parties. Issues of state sovereign immunity arise in the patent context when a State's public university is ...
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