Industry-Sponsored Research Week
Industry-Sponsored Research Management

TOMORROW: Sovereign Immunity as Inter Partes Defense: Legal Guidance and Analysis of Impact on Licensing


By David Schwartz
Published: September 5th, 2017

Legal analysts predict the use of a sovereign immunity defense against inter partes patent challenges will become a reliable strategy for state universities and research institutions — and recent cases appear to support that view. Having the option in their back pocket also opens up the potential for state universities to more easily market their IP to risk-averse licensees, as well as demand a premium when it comes to negotiating terms and royalties.

The University of Florida has led the way by recently using the sovereign immunity defense to successfully end an inter partes challenge, and the University of Maryland soon followed with more to come. But as with most aspects of patent law, it’s not a simple proposition. Timing of your response, joint inventorship, IP ownership entity, and prior legal filings can all impact your defense, and one mistake can mean a waiver of sovereign immunity.

That’s why we’ve asked three expert attorneys — including the counsel of record in the UF case — to lead this critical webinar: Sovereign Immunity as Inter Partes Defense: Legal Guidance and Analysis of Impact on Licensing. For complete program and faculty details or to register, CLICK HERE.

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Posted under: Industry-Sponsored Research Week, Webinars

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