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Media Mention

Dorothy Whelan Quoted in Law360 Article "Patent Board's Immunity Finding A Win For State Universities"

January 30, 2017

Media Mention

Dorothy Whelan Quoted in Law360 Article "Patent Board's Immunity Finding A Win For State Universities"

January 30, 2017

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Dorothy Whelan (Principal) was quoted in Law360 article, “Patent Board’s Immunity Finding A Win For State Universities” on January 27, 2017.

“Obviously, it’s a big win for public universities that have significant patent portfolios,” said Dorothy Whelan, a principal at Fish & Richardson PC. “You’ve potentially insulated them from consideration at the PTAB, which historically has not been favorable for patent owners.”

Perhaps just as significant, Whelan said, is that the board’s decision Wednesday is going to add to the chorus of voices calling for appellate review of PTAB institution decisions, an issue that was already going to be front and center in the coming months.

“This was a true legal issue. It was whether the 11th Amendment’s sovereign immunity applied to PTAB proceedings,” she said. “I could see why people might want an Article III court reviewing the PTAB’s determination. And right now that’s not possible.”

To read the full article, please click here.

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