By Desmond O'Sullivan ( January 3, 2018, 4:37 PM EST) -- Patent Trial and Appeal Board Chief Judge David Ruschke recently dealt sovereign immunity a crippling blow.[1] 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. [2] Given that 80 percent of inter partes reviews involve patents in parallel litigation,[3] Judge Ruschke's order markedly blunts sovereign immunity strategies....
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