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Joel Austin

is a Partner in the Intellectual Property Group of Quarles & Brady, LLP. Joel focuses his practice in the area of intellectual property law, with an emphasis on patent defense, enforcement, and prosecution of mechanical and electrical technologies. He has comprehensive experience in various legal proceedings to invalidate or uphold issued patents, including trial experience with Inter Partes Review trials in front of the United States Patent Trial and Appeal Board and appeals to the United States Court of Appeals for the Federal Circuit.

For more information, or to contact Joel, please visit his firm profile page.

Recent Articles by Joel Austin

Sovereign Immunity of Patents: While a Strong Benefit to Patent Owners, These Patents Remain Subject to Traditional Challenges

The United States Patent Trial and Appeal Board (“PTAB”) recently dismissed another inter partes review (“IPR”) based on an assertion of 11th Amendment sovereign immunity.  This decision demonstrates the willingness of the PTAB to permit State agencies (such as public universities, medical schools, and research centers) to effectively shield their patents from the threat of post-grant proceedings at the PTAB.  While this is certainly a benefit to entities that can take advantage of sovereign immunity, it does not completely insulate government-held patents from any validity challenge, as more traditional approaches of invalidating patents still remain viable avenues for those accused of infringement.