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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

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

Tribal Sovereign Immunity Denied, Will State Immunity Hold at the PTAB?
  • Ropes & Gray LLP
  • USA
  • July 22 2018

Last Friday, the Federal Circuit affirmed the Patent Trial & Appeal Board's (PTAB) denial of tribal sovereign immunity as a patent owner defense to

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

Tribes and Infrastructure Development: Needs and Opportunities
  • Wilmer Cutler Pickering Hale and Dorr LLP
  • USA
  • April 26 2018

Infrastructure needs are significant across the country, but it would be hard to find any locality or region where the needs are higher than in Indian

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

The Federal Circuit Stays IPR Pending Review of the PTAB’s Denial of St. Regis Mohawk Tribe’s Sovereign Immunity
  • Knobbe Martens
  • USA
  • March 29 2018

The PTAB ruled that the Saint Regis Mohawk Tribe could not assert sovereign immunity in IPRs of patents that Allergan had assigned to the Tribe

PTAB Denies Saint Regis Mohawk Tribe’s Motion to Terminate based on Sovereign Immunity
  • Sughrue Mion PLLC
  • USA
  • March 14 2018

On February 23, 2018, the Patent Trial and Appeal Board (PTAB) issued two decisions regarding an inter partes review (IPR) of patents covering

The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB
  • Knobbe Martens
  • USA
  • March 7 2018

The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis, which Allergan transferred to the Tribe in a