Tag: sovereign immunity

Supreme Court Hears Oral Argument in Copyright Sovereign Immunity Case

This post, from guest author Jonathan Band, first appeared on the Disruptive Competition Project.  While the case addresses sovereign immunity with respect to copyright claims, it directly implic...

SCOTUS Won’t Review Tribal Immunity To Inter Partes Review

On Monday, the Supreme Court denied certiorari in the Saint Regis Mohawk v. Mylan case, bringing to a close a nearly 18-month-long attempt to sell tribal sovereign immunity as a shield against the int...

Federal Circuit Holds Tribal Sovereign Immunity Does Not Apply In IPR

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 ...

Sovereign Immunity, Upper Skagit, and Patents

Earlier this week, the Supreme Court released their decision in Upper Skagit Indian Tribe v. Lundgren.  The opinion effectively held that the simple fact of in rem jurisdiction does not always bar cl...

Senate Introduces Bill To Prevent Abuse Of Sovereign Immunity

Yesterday Senators Cotton, McCaskill, Toomey, Ernst, and Perdue introduced the Preserving Access to Cost Effective Drugs (PACED) Act, a bill which would help prevent sovereign immunity from being abus...

PTAB Rejects Allergan’s Tribal Sovereign Immunity Claim

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 patent...

Starting Off 2018 With More Sovereign Immunity

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 d...

Tribal Immunity May Not Be Wonder Drug For Allergan

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 r...

Why Pay For Delay When You Can Pay For Immunity

What do Seymour Cray’s high-performance computing research company SRC Labs and drug manufacturer Allergan have in common?  Both SRC Labs and Allergan sold patents to the Saint Regis Mohawk Tribe, ...

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