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Native American Issues Intellectual Property Protection United States Patent and Trademark Office

WilmerHale

United States Patent and Trademark Office Calls for Tribal Comments on the World Intellectual Property Organization Treaty on...

WilmerHale on

On January 17, 2025, the United States Patent and Trademark Office (“USPTO”) published a request for written comments on a recently adopted treaty....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

Ladas & Parry LLP

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

Ladas & Parry LLP on

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

Ladas & Parry LLP on

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

Jones Day on

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

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

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