; (4) in section 316, by adding at the end the following: (f) Sovereign immunity (1) Definitions In this subsection— (A) the term foreign state has the meaning given the term in section 1603(a) of title 28; and (B) the term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (2) Abrogation of sovereign immunity Except as provided in paragraph (3), and subject to paragraph (4), a patent owner may not assert sovereign immunity, including the sovereign immunity accorded to an Indian tribe, as a defense in— (A) an inter partes review instituted under this chapter; or (B) a review by a court of the United States with respect to a decision reached in a proceeding described in subparagraph (A). (3) Immunity of foreign states If a patent owner is a foreign state, for the purposes of any review described in paragraph (2)(A), the Patent Trial and Appeal Board shall determine whether the patent owner is immune from the jurisdiction of the Patent Trial and Appeal Board, in accordance with chapter 97 of title 28 as if the Patent Trial and Appeal Board were a court of the United States. (4) Limitation This subsection shall apply only to the extent permitted under the 11th amendment to the Constitution of the United States. ; and (5) in section 326, by adding at the end the following: (f) Sovereign immunity (1) Definitions In this subsection— (A) the term foreign state has the meaning given the term in section 1603(a) of title 28; and (B) the term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (2) Abrogation of sovereign immunity Except as provided in paragraph (3), and subject to paragraph (4), a patent owner may not assert sovereign immunity, including the sovereign immunity accorded to an Indian tribe, as a defense in— (A) a post-grant review instituted under this chapter