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Patents Native American Issues

WilmerHale

World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional...

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Following nearly twenty-five years of negotiations, members of the World Intellectual Property Organization (WIPO) recently adopted a treaty implementing the new requirement for international patent applicants to disclose in...more

Ladas & Parry LLP

U.S. Court Of Appeals For The Federal Circuit Has Held That Neither State Agencies Nor Indian Tribes Enjoy Sovereign Immunity,...

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On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes do...more

Jones Day

PTAB Denies Stay Pending Sovereign Immunity Cert Petition

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In Microsoft Corp. v. Saint Regis Mohawk Tribe, the PTAB refused to stay ten IPRs filed by Microsoft while Patent Owner St. Regis appeals a Federal Circuit decision that tribal sovereign immunity cannot be asserted in an IPR...more

Ladas & Parry LLP

Native American Tribes’ Patents Not Immune from Challenge in the Patent Trial and Appeal Board

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On July 20 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes do not...more

Dickinson Wright

Sovereign Shield Does Not Extend to Inter Partes Reviews

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On Friday, July 20, 2018, the Court of Appeals for the Federal Circuit addressed the controversial application of sovereign immunity for inter partes review (“IPR”) in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. In...more

Jones Day

Patent Transfer to Native American Tribe Does Not Immunize Patents from Inter Partes Review

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This ruling may have eliminated the practice of transferring patents to Native American tribes for immunization from IPR proceedings. The Federal Circuit, in a matter of first impression, has ruled that tribal sovereign...more

Weintraub Tobin

Federal Circuit Affirms Tribal Immunity Does Not Apply In Inter Partes Review Proceedings Before The USPTO

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In Saint Regis Mohawk Tribe et al. v. Mylan Pharmaceuticals Inc. et al., the U.S. Court of Appeals for the Federal Circuit held that Native American tribal sovereign immunity does not apply in Inter Partes Review (“IPR”)...more

Snell & Wilmer

Federal Circuit Holds Tribal Immunity Does Not Bar IPR of Tribe-Owned Patents

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Last week, the Federal Circuit held that tribal sovereign immunity does not apply to inter partes review (IPR) actions instituted at the Patent Trial and Appeal Board. The decision, in Saint Regis Mohawk Tribe et al. v. Mylan...more

Patterson Belknap Webb & Tyler LLP

Federal Circuit Rejects Tribal Sovereign Immunity to IPRs

Allergan’s attempt to shield its Restasis patents from inter partes review by assigning the patents to the Saint Regis Mohawk Tribe was rejected last week by a unanimous Federal Circuit panel. The Federal Circuit affirmed...more

Kilpatrick

Tribal Immunity Cannot Shield Patents from IPR

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The Federal Circuit determined in an opinion last week that tribal sovereign immunity does not apply in an inter partes review (IPR) challenge to patent validity. Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. (July...more

McGuireWoods LLP

Tribal Sovereign Immunity Does Not Insulate Against Patent IPR Proceedings

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Tribal immunity does not insulate patents owned by Native American tribes from inter partes review (IPR) proceedings. So held the U.S. Court of Appeals for the Federal Circuit in its July 20 opinion in Saint Regis Mohawk...more

Hogan Lovells

PTAB: Tribal Sovereign Immunity Does Not Provide a Basis to Terminate IPRs

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On February 23, 2018, in a much-anticipated decision, the PTAB ruled that tribal sovereign immunity could not be used to shield certain Allergan Inc. (“Allergan”) patents from review in a number of IPRs. Allergan had assigned...more

Jones Day

Tribal Sovereign Immunity Doctrine Does Not Insulate Tribes From Board Actions

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In a case of first impression, the PTAB recently decided that the doctrine of tribal sovereign immunity does not apply to inter partes review proceedings. See Mylan Pharmaceuticals Inc. v. Saint Regis Mohawk Tribe,...more

Troutman Pepper

Allergan’s Mohawk Gambit Fails At The PTAB

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The Patent Trial and Appeal Board (PTAB) has not taken kindly to a move by the Irish drug company Allergan to shield its key patents on its dry-eye drug Restasis from challenge at the U.S. Patent Office by assigning these...more

Dorsey & Whitney LLP

The Supreme Court - January 16, 2018

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On Friday afternoon, the Supreme Court granted certiorari and agreed to hear arguments in twelve cases: Animal Science Products v. Hebei Welcome, No. 16-1220: Whether a court may exercise independent review of an appearing...more

Schwabe, Williamson & Wyatt PC

With Sovereign Immunity, the McCaskill Bill, and Oil States, Big Changes Might Be in Store for Inter Partes Review

When the American Invents Act was passed in 2011, most of us saw the inter partes review process as a streamlined, relatively inexpensive procedure that would permit accused infringers, especially those accused by...more

Patterson Belknap Webb & Tyler LLP

Senators and court complain of ‘anti-competitive’ transfer of patent rights to American Indian tribe

We have previously discussed antitrust implications of pharmaceutical companies’ efforts to maximize patent protection for their drugs. Consumers and generic drug makers, for instance, have alleged antitrust violations based...more

Polsinelli

The Restasis Patents and Tribal Sovereign Immunity: New Developments

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The battle between Mylan and Allergan over the six Orange Book patents covering Restasis has taken a next formal step. On Sept. 22, the new patent-owner, the Saint Regis Mohawk Tribe, moved to dismiss Mylan’s requests for...more

Goodwin

Issue Eight: PTAB Trial Tracker

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A Surprise Move Designed to Shield Patents from IPR - On September 8, 2017, Allergan announced that it had assigned its patents covering Restasis®, a dry eye treatment with a reported $1.4B in sales last year, to the Saint...more

Snell & Wilmer

Pharmaceutical Company Seeks to Use Tribal Sovereign Immunity to Avoid Inter Partes Review

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Allergan announced on September 8, 2017, that it had transferred its patents covering the drug Restasis to the Saint Regis Mohawk Tribe and will pay the tribe $13.75 million. The tribe is also eligible to receive $15 million...more

Foley & Lardner LLP

Native American Tribes Immune From Patent Infringement Suits

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In the near future, Native American tribal organizations might consider expanding operations in many technological areas in view of recent court decisions indicating that tribes enjoy sovereign immunity from patent...more

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