Sovereign Immunity and IPRs: What State Univ. Need To Know

Time: Noon - 1:30 p.m. EDT
Location: Online
Presenters:
Gerald Hrycyszyn, MS, JD
Rich Giunta, JD
David Day, MBA
Alfonso Chan, JD
Rodney Sparks, JD, PhD

Recent decisions from the Patent Trial and Appeal Board (PTAB) have found that state sovereign immunity protects state entities from inter partes reviews (IPRs), but that a state entity waives its immunity before the PTAB if it has asserted the challenged patent in litigation. The waiver issue is currently before the Federal Circuit in appeals. In this session, attorneys directly involved in past and current litigation on this subject, as well as panelists from state university tech transfer offices, will discuss the consequences of these decisions for both state universities and others who are patent owners, and those looking to license patents or partner with state institutions. We will discuss the factor to consider w