From Casetext: Smarter Legal Research

Bd. of Regents of Univ. of Tex. Sys. v. Baylor Coll. of Med.

United States Court of Appeals for the Federal Circuit
Dec 10, 2020
2020-1469 (Fed. Cir. Dec. 10, 2020)

Opinion

2020-1469 2020-1470

12-10-2020

BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM, Appellant v. BAYLOR COLLEGE OF MEDICINE, Appellee ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE, Intervenor

PETER E. MIMS, Vinson & Elkins LLP, Houston, TX, for appellant. Also represented by ETHAN JAMES NUTTER, Austin, TX. MICHAEL HAWES, Baker Botts, LLP, Houston, TX, for appellee. Also represented by PAUL R. MORICO; JEFFREY SEAN GRITTON, STEPHEN M. HASH, Austin, TX. SARAH E. CRAVEN, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by MICHAEL S. FORMAN, THOMAS W. KRAUSE, FARHEENA YASMEEN RASHEED.


NOTE: This disposition is nonprecedential. Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2018-00948, IPR2018-00949. PETER E. MIMS, Vinson & Elkins LLP, Houston, TX, for appellant. Also represented by ETHAN JAMES NUTTER, Austin, TX. MICHAEL HAWES, Baker Botts, LLP, Houston, TX, for appellee. Also represented by PAUL R. MORICO; JEFFREY SEAN GRITTON, STEPHEN M. HASH, Austin, TX. SARAH E. CRAVEN, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by MICHAEL S. FORMAN, THOMAS W. KRAUSE, FARHEENA YASMEEN RASHEED. Before PROST, Chief Judge, LOURIE and STOLL, Circuit Judges. PER CURIAM.

Baylor College of Medicine filed petitions seeking inter partes review ("IPR") of two patents owned by the Board of Regents of the University of Texas System ("UT"). Arguing that state sovereign immunity applies in IPR proceedings, UT filed motions to dismiss the petitions. The Patent Trial and Appeal Board ("Board"), relying on Regents of the University of Minnesota v. LSI Corp., 926 F.3d 1327 (Fed. Cir. 2019), cert. denied, 140 S. Ct. 908 (2020), denied UT's motions. UT appealed. We have jurisdiction under 28 U.S.C. § 1295(a)(4)(A). See Univ. of Minn., 926 F.3d at 1331 n.2.

As UT recognizes, we held in University of Minnesota that "sovereign immunity does not apply to IPR proceedings when the patent owner is a state." Appellant's Br. 9 (citing Univ. of Minn., 926 F.3d at 1342). UT contends, however, that "the University of Minnesota panel applied the wrong standards and reached the wrong conclusion when it held" that state sovereign immunity does not apply to IPR proceedings. Id. But, as UT also recognizes, "[t]his panel is bound by the University of Minnesota decision." Reply Br. 1. Accordingly, we affirm the Board.

AFFIRMED


Summaries of

Bd. of Regents of Univ. of Tex. Sys. v. Baylor Coll. of Med.

United States Court of Appeals for the Federal Circuit
Dec 10, 2020
2020-1469 (Fed. Cir. Dec. 10, 2020)
Case details for

Bd. of Regents of Univ. of Tex. Sys. v. Baylor Coll. of Med.

Case Details

Full title:BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM, Appellant v. BAYLOR…

Court:United States Court of Appeals for the Federal Circuit

Date published: Dec 10, 2020

Citations

2020-1469 (Fed. Cir. Dec. 10, 2020)