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

BY Joshua Landau
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

PTO Requests Comments On Changes To Make It Difficult To Challenge Weak Patents

Oct 19, 2020

Washington – The U.S. Patent and Trademark Office has requested comments on making permanent changes to the system currently used to challenge weak or overly broad patents known as inter partes review.  The Computer & Communications Industry Association sent a letter to Patent and Trademark Office Director Iancu last year warning him that making it…

CCIA Expresses Disappointment In Flawed 9th Circuit Qualcomm Decision

Aug 11, 2020

Washington — The 9th Circuit today overturned a district court decision by Judge Lucy Koh, holding that Qualcomm had not violated the antitrust laws by refusing to license competitors in violation of its contractual obligation to do so, by refusing to sell chips unless the customer first took a patent license, and by engaging in…

CCIA Asks Supreme Court To Review Constitutionality of ITC’s Actions In Patent Case Illustrating Expanded Use Of ITC Against US Companies

Apr 27, 2020

Washington — As the International Trade Commission has increasingly expanded its jurisdiction to include ruling on domestic patent issues, the Computer & Communications Industry Association filed an amicus brief Monday afternoon asking the Supreme Court to grant cert and review the misuse of the ITC by foreign entities against US companies. The Federal District court…