Patents, Enforcement Actions, Inter Partes Review (IPR) Proceeding

PTAB/USPTO Update - July 2025

WilmerHale on 7/2/2025

On June 12, the nominee for USPTO Director John Squires was voted out of the Senate Judiciary Committee by a vote of 20-2. His nomination has been placed on the Senate’s Executive Calendar and will proceed to a floor vote....more

Constitutionality of PTAB Judge Appointments Challenged In Polaris IPR Appeal

Foley & Lardner LLP on 8/9/2018

In the wake of Lucia v. SEC, where the Supreme Court held in June 2018 that Administrative Law Judges (ALJs) at the SEC are “officers” subject to the Appointments Clause, there have been challenges to the constitutionality of...more

The Federal Circuit Finds Tribal Sovereign Immunity does not Apply in IPR

Knobbe Martens on 7/27/2018

On July 20, 2018, the Federal Circuit held that tribal sovereign immunity is not available as a defense in IPR. Allergan Pharmaceuticals owned patents that it had asserted in litigation against various generic...more

Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.

Knobbe Martens on 7/25/2018

Federal Circuit Summary - Before Dyk, Moore, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Tribal sovereign immunity does not shield Indian Tribe owned patents from IPR. ...more

Federal Circuit Declares Tribal Sovereign Immunity Cannot Be Asserted In Inter Partes Review Proceedings

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/25/2018

U.S. Court of Appeals for the Federal Circuit affirmed a U.S. Patent Trial and Appeal Board (PTAB) decision finding that tribal sovereign immunity does not apply to Inter Partes Review (IPR) proceedings. In so holding, the...more

Expanded PTAB Panel Finds Sovereign Immunity Waived By Patent Enforcement

Foley & Lardner LLP on 12/27/2017

In a case of first impression, an expanded PTAB panel (including Chief APJ Ruschke) found that a parallel enforcement action by a patent owner waives its sovereign immunity defense against under the 11th Amendment an AIA...more