University of Florida Cites Sovereign Immunity from IPRs in New Complaints

July 14, 2017

The University of Florida Research Foundation, Incorporated has filed suit against GE (1:17-cv-00171) and Koninklijke Philips (1:17-cv-00170), accusing the two companies of infringing a single patent (7,062,251) generally related to the processing and display of medical data against the defendants’ data connectivity systems and products related to medical care. Both complaints assert that as an arm of the state of Florida, the university “enjoys sovereign immunity”, further “expressly reserv[ing] its sovereign immunity from any inter partes review” (IPR). In January, the Patent Trial and Appeal Board (PTAB) held for the first time, in an IPR filed by Covidien against the same university (IPR2016-01276), that the states’ Eleventh Amendment sovereign immunity extends to universities.

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