The PTAB agreed with Minnesota that state entities are immune

The PTAB agreed with Minnesota that state entities are immune

Judge Ruschke determined an extended panel is warranted to ensure uniformity of the PTAB’s decision. The PTAB agreed with Minnesota that state entities are immune from an IPR. However, the judge ruled Minnesota waived its Eleventh Amendment immunity by filing an action in federal court.Previous PTAB decisions had not involved a state that filed an action in federal court alleging infringement of the same patent being challenged in the petition for an IPR.

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