News

ERICSSON INC. v. TCL COMMUNICATION TECHNOLOGY Before Prost, Newman, and Chen. Appeal from the Eastern District of Texas. Summary:  The issue of patent... Read More »
TELEFONAKTIEBOLAGET LM ERICSSON v. TCL CORPORATION Before NEWMAN, LOURIE, and CLEVENGER. Appeal from the Patent Trial and Appeal Board. Summary... Read More »
A few weeks ago we published an article (Patexia Insight 54), explaining why patent prosecution is becoming commoditized  and why some of the AM LAW 100 are... Read More »
CASE OF THE WEEK Ericsson Inc. v. Intellectual Ventures I LLC, Appeal No. 2017-1521 (Fed. Cir. Aug. 27, 2018) In an appeal from an inter partes review, the... Read More »
Federal Circuit to Consider PTAB Sovereign Immunity Defense State-affiliated entities enjoy immunity from suit in federal courts under the 11th amendment. To... Read More »
Comments
Jayendra DabhiThe PTAB find that the tribe doesn’t have sovereign immunity in this case. The PTAB said “In view of the recognized differences between the state sovereign immunity and tribal immunity doctrines, and the lack of statutory authority or controlling precedent for the specific issue before us, we decline the tribe’s invitation to hold for the first time that the doctrine of tribal immunity should be applied in IPR proceedings”The PTAB determined that the proceedings could continue without the tribe’s participation in view of “Allergan’s retained ownership interests in the challenged patents”. Based on the terms of the license between Allergan and the tribe, the licensee transferred “all substantial rights” in the challenged patents back to Allergan, so the proceedings can continue with Allergan as the patent owner. According to the PTAB, based on the record before it, the tribe has not retained anything more than an “illusory or superficial right” to sue for infringement of the challenged patents.The Patent Trial and Appeal Board PTAB determined that the Saint Regis Mohawk Tribe failed to establish the doctrine of tribal sovereign immunity.
Mar 1, 2018
On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a... Read More »
Litigation Waiver Now Threatens Tribal Immunity Dispute As I pointed out before the holidays, given the practical need to litigate patents in today’s... Read More »
The last few weeks, our Data Science Team analyzed the most active petitioners in Inter-Partes Review (IPR) cases. Now we have turned our attention towards the patent ... Read More »
This week, our Data Science Team continued reviewing Apple’s IPR cases with a focus on patent owners. We wanted to learn which entities had their patents... Read More »