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Federal Circuit Affirms Tribal Sovereign Immunity Does Not Apply to IPR

USA - August 9 2018 The Federal Circuit recently affirmed the PTAB’s decision that tribal immunity cannot be asserted in an IPR (Saint Regis Mohawk Tribe v. Mylan Pharma...


Tribal Sovereign Immunity Alone Cannot Protect Patents from IPR

USA - May 4 2018 In late March, the Federal Circuit issued an order staying the PTAB proceedings concerning numerous related IPRs of patents issued to Allergan, Inc...


Late Payment of Petition Fee Thwarts IPR

USA - September 18 2017 If a Petitioner does not timely file the required petition fee, an IPR will not be instituted. In Cultec, Inc. v. Stormtech LLC Case No...


IPR Challenge May Proceed Even in the Absence of Some Patent Owners

USA - August 7 2017 When a patent is co-owned by a state university and another party, an IPR may proceed against the remaining party even after the state university...


Presentation Not Qualified as a Printed Publication Because Audience Lacked Expertise

USA - April 27 2017 In a recent final written decision (Trustees of the University of Pennsylvania v. Coalition for Affordable Drugs VIII, LLC, IPR2015-01835, Paper No...