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ARTICLE · 11 JANUARY 2018

PTAB Recognizes Limits To Eleventh Amendment Sovereign Immunity

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In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity ...

United StatesLitigation, Mediation & Arbitration
Joseph Sauer
Joseph Sauer
David Cochran
David Cochran
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In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity by filing actions against the petitioners in federal court. See, LSI Corporation and Avago Technologies U.S., Inc. v. Regents of the University of Minnesota, IPR2017-01068, Paper 19 ("LSI Corp."); and Ericsson Inc. and Telefonaktiebolaget LM Ericsson v. Regents of the University of Minnesota, IPR2017-01186, IPR2017-01197, IPR2017-01200, IPR2017-01213, IPR2017-01214, IPR2017-01219, Paper 14 ("Ericsson").

Since its decision in Covidien LP v. University of Florida Research Foundation Incorporated, the PTAB has consistently held that Eleventh Amendment sovereign immunity applies to PTAB proceedings. See, Reactive Surfaces Ltd., LLP v. Toyota Motor Corp., IPR2016-01914, Paper 36; NeoChord, Inc. v. Univ. of Md., Balt., IPR2016-00208, Paper 28; and Covidien LP v. Univ. of Fla. Research

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