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No tribal sovereign immunity at PTAB – what about state immunity?

Ellie Mertens, New York

The Federal Circuit’s reasoning in finding that tribal sovereign immunity cannot be asserted in IPRs may be used to argue the same for state universities seeking immunity from the PTAB

Affirming the lower court’s decision, the Federal Circuit reasoned in its July 20 Saint Regis Mohawk Tribe v Mylan opinion that tribal sovereign immunity cannot apply in inter partes review (IPR) proceedings because the PTAB is too different from Article...

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