Here is an excerpt:
The Federal Circuit ruled that state sovereign immunity does not apply in inter partes reviews, allowing challenges to patents belonging to the University of Minnesota to go forward at the Patent Trial and Appeal Board.
The appeals court, in a precedential opinion, said while states are typically shielded from lawsuits from private parties, inter partes reviews are more similar to an enforcement action brought by a federal agency, where sovereign immunity typically does not apply.
The ruling is a setback for the University of Minnesota, which is facing challenges from Ericsson to multiple patents covering wireless communications technology. The university previously accused several Ericsson customers, including AT&T and Sprint, of infringement.
Ericsson is represented by Mark Davies, Easha Anand and Edmund Hirschfeld of Orrick Herrington & Sutcliffe LLP and by J. Andrew Lowes and Debra Janece McComas of Haynes and Boone, LLP.
The case is Regents of the University of Minnesota v. LSI Corp., case number 18-1559, in the U.S. Court of Appeals for the Federal Circuit.
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