On July 20, 2018, the Federal Circuit held that tribal sovereign immunity is not available as a defense in IPR.
Allergan Pharmaceuticals owned patents that it had asserted in litigation against various generic...more
7/27/2018
/ Adjudicatory Process ,
Administrative Agencies ,
Administrative Proceedings ,
Allergan Inc ,
Appeals ,
Defense Strategies ,
Enforcement Actions ,
Generic Drugs ,
Inter Partes Review (IPR) Proceeding ,
IP Assignment Agreements ,
Motion to Dismiss ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments
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 relating to Restasis®. See The Saint Regis Mohawk Tribe is not entitled to...more
4/2/2018
/ Allergan Inc ,
Appeals ,
Dismissals ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Interlocutory Appeals ,
IP Assignment Agreements ,
Jurisdiction ,
Motion To Stay ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Reversal ,
Sovereign Immunity ,
Stays ,
Tribal Governments
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 highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe...more
3/8/2018
/ Allergan Inc ,
America Invents Act ,
Appeals ,
Co-Ownership ,
Congressional Intent ,
Inter Partes Review (IPR) Proceeding ,
IP Assignment Agreements ,
Motion to Dismiss ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments
Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction over states in suits brought by private...more
10/18/2017
/ Dismissals ,
Eleventh Amendment ,
Exclusive Licenses ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Joint Ownership ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Sovereign Immunity ,
State Universities ,
Tribal Governments
In a creative move to take advantage of recent PTAB decisions regarding Sovereign Immunity, (see e.g., Covidien LP v. University of Florida Research Foundation, IPR2016-01274 and Neochord, Inc. v. University of Maryland,...more
9/14/2017
/ Eleventh Amendment ,
Inter Partes Review (IPR) Proceeding ,
IP Assignment Agreements ,
Litigation Strategies ,
Motion to Dismiss ,
Orange Book ,
Patent Royalties ,
Patents ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments