Will Sovereign Immunity Shield Patent Owners From IPR Challenges?

One of the most interesting issues that’s being litigated in patent law these days is the ability to sue a sovereign entity for patent infringement or challenge the validity of a patent owned by a sovereign entity at the U.S. Patent Office. It is well established that the Eleventh Amendment precludes any suit against a sovereign entity, unless it has waived its immunity. Presently, each U.S. state and American tribal nation is considered its own sovereign entity. Patent litigants have attempted to use this doctrine to shield either their patents from challenges at the PTO or themselves from litigation.

https://www.law.com/newyorklawjournal/2018/05/18/will-sovereign-immunity-shield-patent-owners-from-ipr-challenges/?slreturn=20180419091942