CCIA Files PTO Amicus On Sovereign Immunity As A Shield From Patent Review

BY CCIA Staff
December 4, 2017
Washington — The Computer & Communications Industry Association co-filed an amicus brief at the Patent and Trademark Office (PTO) on Friday evening on the applicability of sovereign immunity to IPRs.

This case will determine whether sovereign immunity can be used to shield a patent from inter partes review (IPR). By allowing the PTO to review its earlier decision to grant a patent, IPR provides a crucial tool to fight the kind of poor quality patents often used in abusive litigation. CCIA and others believe sovereign immunity does not apply to this kind of review.

For additional information, please see CCIA Patent Counsel Josh Landau’s blog posts on the topic of sovereign immunity and IPR.

Related Articles

CCIA Welcomes Bipartisan Patent Bill That Would Update PTO Procedures, Promote Fairness In Patent Appeals Process

Jun 16, 2022

Washington – Senators Cornyn, Leahy, and Tillis have introduced the Patent Trial and Appeal Board (PTAB) Reform Act of 2022 today.  Current USPTO guidance allows the PTAB to refuse to examine the validity of challenged patents, even if the patent is clearly invalid. This bi-partisan legislation would ensure that meritorious challenges to the validity of…

CCIA Files Joint Amicus Brief Asking Court To Re-Hear Standard Essential Patents Case

Apr 21, 2022

Washington – The Computer and Communications Industry Association was joined by The App Association, High Tech Alliance, and the Public Interest Patent Law Institute in filing a joint amici brief Wednesday evening with the U.S. Court of Appeals for the Fifth Circuit requesting that the Panel re-hear a case involving standard essential patents (SEPs) en…

CCIA Welcomes Nominees To Fill Out FCC, NTIA and PTO

Oct 26, 2021

Washington — President Biden has nominated people to key positions to oversee the U.S. tech industry today including at the US Patent and Trademark Office (USPTO), National Telecommunications and Information Administration (NTIA) and Federal Communications Commission (FCC).   The White House has nominated Acting Chairwoman Jessica Rosenworcel as the Commission’s permanent Chair, and Gigi Sohn, a…