Would there be any basis to suing the USPTO? If it could be shown that their incompetence/negligence led to an organization suffering loss due to an patently invalid patent? (pun not intended but acknowledged).
No, I don't know offhand if it would apply in a case like this. But I've never heard of a suit against the patent office for damages from allowing a patent they shouldn't have... and that tells me that there's probably something in the way of such a suit proceeding. Sovereign immunity was just my first guess as to what that might be.
