Sovereign Immunity May Not Shield Schools in All Patent Disputes

Public universities may not be able to hide behind sovereign immunity to avoid involvement in some patent infringement lawsuits, a Federal Circuit panel signaled.

“As a university, once you agree to participate in the patent system, you are on the same playing field as everyone else,” Judge Pauline Newman said during oral argument in a case involving two medical treatment patents.

State universities usually qualify for immunity from patent litigation because they are an arm of the state, but the panel appeared skeptical the University of Texas could claim immunity here.

The court was hearing a case in which the ...