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Pharmaceutical Industry Native American Issues

Seyfarth Shaw LLP

The Week in Weed: October 2023 # 3

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we note the likely end of two Wyoming ballot initiatives. Then, we have an update on the Eastern Band of...more

Patrick Malone & Associates P.C. | DC Injury...

Civil justice system works, as tribes show in major opioid settlements

No matter how wrong-headed critics may assail the civil justice system, Native Americans have clear evidence that liability lawsuits really do work. For hundreds of tribes and their members, the pursuit of  justice in the...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

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

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

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

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

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

Troutman Pepper

Mohawks To The Rescue? Can You Immunize Patents From PTAB Review By Assigning To A Native American Tribe?

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In an unusual move to combat the perceived bias in favor of patent challengers at the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB), the Irish drug company Allergan has decided to warehouse its key patents on the...more

Alston & Bird

A&B Healthcare Week in Review

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I. REGULATIONS, NOTICES, & GUIDANCE - On March 24, 2016, the Food and Drug Administration (FDA) issued a guidance entitled, “Draft Guidance for Industry: General Principles for Evaluating the Abuse Deterrence of Generic...more

Arnall Golden Gregory LLP

AGG Food & Drug Newsletter - February 2016

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

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