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PTAB rules state sovereign immunity applies in IPR proceedings

Michael Loney, New York


The Patent Trial and Appeal Board has dismissed three inter partes review petitions filed by Covidien because the University of Florida Research Foundation is entitled to an Eleventh Amendment sovereign immunity defence

The Patent Trial and Appeal Board has dismissed three inter partes review (IPR) petitions challenging the claims of a patent owned by the University of Florida Research Foundation (UFRF). The Board said UFRF was entitled to an Eleventh Amendment sovereign...


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