BOARD OF REGENTS OF UNIVERSITY OF TEXAS SYSTEM v. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor (2020)

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, ––– U.S. ––––, 140 S. Ct. 908, 205 L.Ed.2d 458 (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

Per Curiam.