Michael Albert, co-chairman of the litigation group at Boston-based Wolf, Greenfield & Sacks. (Courtesy Photo)
Three Federal Circuit judges strongly hinted Monday that last year's decision on tribal sovereign immunity will foreclose state efforts to keep their patents away from the Patent Trial and Appeal Board.
March 12, 2019 at 12:10 AM
1 minute read
Prestigious research universities that develop their own patents appear no more likely to enjoy sovereign immunity at the Patent and Trademark Office than Indian tribes that buy theirs.
The U.S. Court of Appeals for the Federal Circuit signaled strongly Monday that its same rationale for turning away Native American sovereign immunity last summer in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals will apply equally to state sovereign immunity.
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