PTAB Terminates University of Maryland IPR Based on Eleventh Amendment Immunity

May 26, 2017 – The Patent Trial and Appeal Board granted Patent Owner University of Maryland, Baltimore, and Harpoon Medical, Inc.’s motion to dismiss and terminate inter partes review based on Eleventh Amendment immunity. Finding that the University could raise Eleventh Amendment Immunity as a defense in an IPR proceeding, that it had not waived its defense through participation in the IPR nor through licensing agreements, and that the University is a necessary and indispensable party, the Board granted the motion and terminated the IPR.  The patent-at-issue is U.S. Patent No. 7,635,386, titled “Methods and devices for performing cardiac valve repair,” and the case is IPR2016-00208.

By: Katherine E. Adams

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