Neochord, Inc. filed an IPR Petition against a patent owned by the University of Maryland, Baltimore. The University filed a motion to dismiss based on Eleventh Amendment sovereign immunity, claiming to be an “arm of the state” of Maryland.
Neochord argued that the Eleventh Amendment did not apply to PTAB IPR proceedings, and that even if it did, the University of Maryland had waived their sovereign immunity protection by participating in the instant proceeding and/or by exclusively licensing their patent to a third party (Harpoon Medical, Inc).
The Board rejected each argument and agreed with the University's sovereign immunity defense.
More detailed information regarding this case can be found at Jones Day:
www.ptablitigationblog.com/eleventh-amendment-revisited-board-finds-sovereign-immunity-applies-ptab/#page=1
Neochord argued that the Eleventh Amendment did not apply to PTAB IPR proceedings, and that even if it did, the University of Maryland had waived their sovereign immunity protection by participating in the instant proceeding and/or by exclusively licensing their patent to a third party (Harpoon Medical, Inc).
The Board rejected each argument and agreed with the University's sovereign immunity defense.
More detailed information regarding this case can be found at Jones Day:
www.ptablitigationblog.com/eleventh-amendment-revisited-board-finds-sovereign-immunity-applies-ptab/#page=1
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