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Native American Issues Intellectual Property Protection

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

Mayer Brown

Patents, Native People, and Traditional Communities: World Intellectual Property Organization (WIPO) Signs Historic Treaty

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Following more than two decades of negotiation, WIPO member states have inked the first-of-its-kind international treaty addressing the connection between “Intellectual Property, Genetic Resources, and Associated Traditional...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - May 2021: Recognizing Tribal Marks: The Native American Tribal Insignia Database

Using Native American tribal names and symbols as part of popular consumer brands has been an endemic practice within the United States for decades. Popular brands that have appropriated tribal names include Jeep Cherokee,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - May 2021

[co-author: Sahar A. Ahmed, Law Clerk] The May 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the USPTO's new Native American Tribal Insignia Database and two recent trademark litigation cases...more

Dorsey & Whitney LLP

Washington Football Team to Change Its Name: Some Lessons on How Not to Get Sacked

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The Washington, D.C. professional football team recently announced plans to cease using the name “Redskins” in favor of a new name. The “Redskins” name has been the source of both cultural and trademark conflict through the...more

International Lawyers Network

Th-Inking About The Law: Tattoos Leaving Indelible Marks On Black-Letter Principles & Coloring Our Perspectives

Tattoos, one of the oldest art forms in the world, are all over the legal news in recent years.  The news runs the gamut from a tattooist suing a movie studio over replication of Mike Tyson’s facial tattoo in The Hangover II...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

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

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

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

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