Today, in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals, the Federal Circuit held that tribal sovereign immunity does not provide a right of immunity in inter partes reviews (IPR). In an opinion by Judge Moore, writing for herself and Judges Dyk and Reyna, the Federal Circuit focused on the PTO Director’s ability to decide whether…
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PTAB Rejects Allergan’s Tribal Sovereign Immunity Claim
by Josh Landau •
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…
Tribal Immunity May Not Be Wonder Drug For Allergan
by Josh Landau •
This article was originally published on Law360 and is reprinted here. You’ve probably already heard the story. Allergan PLC owns patents related to relieving dry eyes. These patents allegedly read on their drug Restasis. They expired in 2014, leading to a group of generic manufacturers getting ready to enter the market with generic versions of the drug. In…