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Post Grant Proceedings: Recent Developments & Precedential Proceedings
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • September 5 2018

The overall institution rate continues to decline and is at 61 in FY2018. Overall, the institution rate remains higher for electricalcomputer and

Federal Circuit Affirms Tribal Sovereign Immunity Does Not Apply to IPR
  • Marshall Gerstein & Borun LLP
  • 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

Native American Tribes’ Patents Not Immune from Challenge in the Patent Trial and Appeal Board
  • Ladas & Parry LLP
  • USA
  • July 27 2018

On July 20 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the

The Federal Circuit Finds Tribal Sovereign Immunity does not Apply in IPR
  • Knobbe Martens
  • USA
  • July 24 2018

On July 20, 2018, the Federal Circuit held that tribal sovereign immunity is not available as a defense in IPR. Allergan Pharmaceuticals owned

Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.
  • Knobbe Martens
  • USA
  • July 23 2018

Generic drug manufacturers petitioned for IPR of Allergan’s patents relating to the dry eye treatment Restasis. The Board instituted the IPR, but

Inter partes review - challenges at US Supreme Court
  • D Young & Co LLP
  • USA, United Kingdom
  • June 11 2018

As discussed in our previous issues, most recently in our article on US tribal sovereign immunity US law provides for a number of post-grant

Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., No. 18-1638, Courtroom 201
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • June 1 2018

In this appeal from the PTAB, the Federal Circuit has been asked to consider whether the Saint Regis Mohawk Native American Tribe may assert sovereign

US - Patent IPRs: Sovereign immunity defence heading on up?
  • Hogan Lovells
  • USA
  • May 9 2018

In this post, we discuss the sovereign immunity defence for IPRs which has garnered much attention, with the final chapter likely ending up at SCOTUS

Tribal Sovereign Immunity Alone Cannot Protect Patents from IPR
  • Marshall Gerstein & Borun LLP
  • 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

The Federal Circuit Will Decide Whether Sovereign Immunity Can be Used to Escape Patent Invalidation by the PTAB - If the Supreme Court Finds Inter Partes Review Constitutional
  • Squire Patton Boggs
  • USA
  • March 30 2018

When Allergan assigned its Restasis patents to the Saint Regis Mohawk Tribe last September, so that sovereign immunity could be used to help prevent