The public university is sometimes the outside world’s most visible representation of another state’s individuality. Citizens in the university’s home state expect the institution to serve them. The research and development of new patents is an accepted part of a university’s mission these days. Citizens hoping to benefit from these new inventions, however, may be disappointed when they learn they’re actually paying twice for the same inventions.

As the statutory and case law stands now, universities enjoy a “favored patent party” status among patent holders. Using the doctrine of sovereign immunity as a shield, public universities are not subject to the same specter of possible lawsuits that helps keep many private companies focused on avoiding mistakes and doing no harm. This point was amply illustrated in Tegic Communication Corp. v. Board of Regents of the University of Texas System, 458 F.3d 1335 (Fed. Cir. 2006), a case decided by the U.S. Court of Appeals for the Federal Circuit in August.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]