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Fed Circ won t revive IPR immunity for state universities

Fed Circ won’t revive IPR immunity for state universities 17-02-2021 27-08-2015 inter partes reviews (IPRs). The decision was handed down yesterday, February 16, in a one-page order, denying UT’s request for an en banc rehearing of the ruling. The dispute over the university’s sovereign immunity emerged when Baylor College of Medicine petitioned for a review of two patents owned by the Board of Regents of UT. UT moved to dismiss the petitions on state sovereign immunity grounds, claiming that it is a sovereign state entity under Texas law and that, under the 11th Amendment, it should not be subject to IPRs.

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