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PTAB determines University of Minnesota’s immunity waived by federal court action

Michael Loney, New York

An expanded PTAB panel has determined that the filing of a federal court action waives the University of Minnesota’s Eleventh Amendment immunity, in the fourth decision to address state sovereign immunity

The Patent Trial and Appeal Board has denied the patent owner’s motion to dismiss inter partes review (IPR) in Ericsson v Regents of the University of Minnesota.

In its order, the Board said: “We agree with Patent Owner that...

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