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Posts tagged sovereign immunity.

Late last week, the Federal Circuit issued Power Integrations, Inc. v. Semiconductor Components Indus., LLC and Regents of the Univ. of Minnesota v. LSI Corp. These two precedential decisions bring further clarity to who is subject to the time bar for filing petitions for inter partes review (“IPR) and whether sovereign immunity protects patents from being subject to IPR challenges. The key takeaways are:

  1. Consider the impact of mergers and acquisitions on IPR petitions, including those that have already been filed; and
  2. Patents owned by states (including, state universities and research institutions) can be challenged in an IPR.

In a case that has received significant attention over the past several months, a United States Patent Trial and Appeal Board (PTAB) panel recently concluded that the Saint Regis Mohawk Tribe’s claim of tribal immunity did not prevent the PTAB from reviewing patents held by the Tribe. As an alternative basis for proceeding with the review, the panel found that, despite the assignment to the Saint Regis Mohawk Tribe, the Tribe was not essential to the proceedings because the original patent owner, Allergan, effectively still owned the patents.

Maximizing the protection and value of intellectual property assets is often the cornerstone of a business's success and even survival. In this blog, Nutter's Intellectual Property attorneys provide news updates and practical tips in patent portfolio development, IP litigation, trademarks, copyrights, trade secrets and licensing.

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