Interference Request Waives Sovereign Immunity

In VAS-CATH, Inc. v. Curators of the University of Missouri, et al. the Federal Circuit held that the Eleventh Amendment does not shield the University from appeal of the USPTO's interference decision in favor of the University under 35 USC §146 to change the outcometo the United States District Court for the Western District of Missouri. "By requesting and participating in the interference proceeding in the PTO, the University waived its constitutional immunity not only in that proceeding but also in the appeal taken by the losing party. Accordingly, the dismissal of the appeal is reversed."