On Friday, the Patent Trial and Appeal Board (PTAB) issued a ruling rejecting Allergan’s sovereign immunity claims. As Patent Progress has previously described [1][2][3], Allergan sold their patents to a Native American tribe, licensed them back, and required the tribe to claim sovereign immunity against inter partes reviews. But, as also previously described here, there…
Tag Archive for ipr
Starting Off 2018 With More Sovereign Immunity
by Josh Landau •
2018 started off with a sovereign immunity bang, with the Saint Regis Mohawk Tribe filing a motion that implicitly suggests that the Patent Trial and Appeal Board (PTAB) would only rule against them due to financial self-interest and political pressure. (For more background on the Allergan/Saint Regis Mohawk IPRs, you can read my earlier posts…
SCOTUS Taking Case On Partial Institution Of IPRs
by Josh Landau •
One of the biggest changes coming out of the 2011 America Invents Act (AIA) was the creation of the inter partes review (IPR) procedure, which allows people to challenge the validity of patents after they’ve issued. Today, the Supreme Court granted certiorari to determine whether an IPR can be “instituted” on only some of the…