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Patent Trial and Appeal Board Chief Judge David Ruschke recently dealt sovereign immunity a crippling blow. Although judge Ruschke confirmed that Eleventh Amendment immunity does apply to sovereign actors, he held that when a sovereign actor files a patent infringement lawsuit, immunity is waived.

PTAB Deals A Crippling Blow To Sovereign Immunity

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PTAB Deals A Crippling Blow To Sovereign Immunity

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Desmond P. O'Sullivan

Of Counsel

Patent Strategy + Prosecution