News & Analysis as of

Sovereign Immunity

Be Aware of Sovereign Immunity - Construction and Procurement Law News, Q1 2018

Sovereign immunity is the legal doctrine, dating back to the days of the British monarchy, that a sovereign or state cannot commit a legal wrong and is immune from suit: in essence, “the king can do no wrong.” ...more

Tribal Sovereign Immunity Does Not Apply to IPR

by McDermott Will & Emery on

In a matter of first impression, the Patent and Trial Appeal Board (PTAB) denied a Native American tribe’s motion to terminate a finding that tribal sovereign immunity does not apply to inter partes review (IPR) proceedings....more

The Federal Circuit Stays IPR Pending Review of the PTAB’s Denial of St. Regis Mohawk Tribe’s Sovereign Immunity

by Knobbe Martens on

The PTAB ruled that the Saint Regis Mohawk Tribe could not assert sovereign immunity in IPRs of patents that Allergan had assigned to the Tribe relating to Restasis®. See The Saint Regis Mohawk Tribe is not entitled to...more

Federal Circuit Issues Stay in St. Regis Mohawk Tribe Sovereign Immunity Appeal

The Federal Circuit has granted the St. Regis Mohawk Tribe's motion for stay in inter partes review proceedings before the Patent Trial and Appeal Board, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. In the Order,...more

Patent Legislation Update: New Version of the STRONGER Patents Act, and Proposed Abrogation of Sovereign Immunity

by Ropes & Gray LLP on

Last June, Senator Chris Coons (D-DE) and several co-sponsors introduced the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act of 2017, a pro-patent owner bill that would...more

District Court Holds Consumer May Sue U.S. Governmental Entity for Money Damages under FCRA

by Dorsey & Whitney LLP on

On February 7, 2018, the U.S. District Court for the Eastern District of Michigan denied a motion by the U.S. Department of Agriculture (“USDA”) to dismiss a lawsuit filed against the USDA seeking money damages for alleged...more

University of Minnesota’s and Toyota’s Claims Held Unpatentable after Minnesota is Dismissed from IPR

by Knobbe Martens on

The University of Minnesota (UMinn) and Toyota Motor Corp. (Toyota) co-own U.S. Patent 8,394,618 (the ’618 patent). After Reactive Surfaces Ltd. filed a petition for IPR of the ’618 patent, UMinn and Toyota filed a motion to...more

Korea’s Financial Supervisory Service Retains Sovereign Immunity, For Now

by Kelley Drye & Warren LLP on

In the United States, unlike in many civil law jurisdictions, the federal courts are vested with broad civil subpoena power. That power, however, is limited by the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§...more

Weekly Update Newsletter - March 2018 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - San Diego Communications Company Pays More Than $12 Million to Settle False Claim Act Allegations Regarding Eligibility for Small Business Innovation and Research Contracts - According to a news...more

Patent IPRs and Allergan’s Sovereign Immunity Defense

In an age of rising healthcare costs, pharmaceutical companies can be an easy target in calls for patent reform. Patent protection helps drug manufacturers recoup their investment in developing the new drug,. It also...more

Sovereign Immunity Bars Contractor’s Claims For Unjust Enrichment And Promissory Estoppel Against City Government On Semi-Public...

by Pepper Hamilton LLP on

Harakas Constr., Inc. v. Metro Gov’t of Nashville, 2018 Tenn. App. LEXIS 45 (Tenn. App. January 29, 2018) - BK Partners LLC (“BK”) sought to build a condominium complex in Davidson County. This required an upgrade to the...more

Senators Introduce Bill to Abrogate Tribal Sovereign Immunity

In a development that could moot (once and for all) the controversy over tribal sovereign immunity occasioned by the St. Regis Mohawk Tribe's ownership of patents relating to Allergan's Restasis formulation for treating...more

St. Regis Mohawk Tribe (and Allergan) File Motion to Preclude PTAB Final Written Decision in IPR

The St. Regis Mohawk Tribe and Allergan filed a joint motion late last week before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB), arguing that its Notice of Appeal divested the Board of...more

Bipartisan PACED Act Introduced to Address Sovereign Immunity

by Goodwin on

Yesterday, Senator Tom Cotton (R-Arkansas) announced the introduction of proposed legislation, Preserving Access to Cost Effective Drugs Act, which would permit the Patent and Trademark Office and the International Trade...more

PTAB Holds Indian Tribes Don’t Offer an Out from IPR

In a highly anticipated decision on the Saint Regis Mohawk Tribe’s motion to terminate inter partes review proceedings, the Patent Trial and Appeal Board rejected tribal sovereign immunity to IPRs. The PTAB’s decision also...more

PTAB Panel Finds Tribal Immunity is Not a Barrier to IPR

In a case that has received significant attention over the past several months, a United States Patent Trial and Appeal Board (PTAB) panel recently concluded that the Saint Regis Mohawk Tribe’s claim of tribal immunity did...more

The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB

by Knobbe Martens on

The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe...more

Sovereign Immunity at the PTAB: Where do we stand?

by Knobbe Martens on

Sovereign Immunity - Sovereign immunity exempts a sovereign from the jurisdiction of a court - States are entitled to sovereign immunity under the 11th amendment Seminole Tribe of Fla v. Florida, 517 U.S. 44 (1996) ...more

Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery?

My law firm colleagues, Megan Hargraves and Devin Bates, recently authored an article titled: Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery? ...more

PTAB Opines Tribal Sovereign Immunity Does Not Apply to IPRs

Last week, in a case of first impression, the PTAB held that the doctrine of tribal sovereign immunity does not apply to IPRs. Mylan Pharm. Inc., et al. v. Saint Regis Mohawk Tribe, Case IPR2016-01127 (and related cases). ...more

St. Regis Mohawk Tribe and Allergan Appeal Denial of Motion to Dismiss on Sovereign Immunity Grounds

Clearly wishing to maintain the momentum and initiative in its inter partes review proceedings before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, the St. Regis Mohawk Tribe and Allergan jointly...more

US Patent Office refuses to apply doctrine of tribal immunity as a defense in inter partes review proceedings

by Dentons on

A unanimous three-judge panel of the Patent Trial and Appeal Board (PTAB) ruled on Friday, February 23, 2018 (Decision), that the doctrine of tribal immunity does not apply, as a non-statutory defense, to inter partes review...more

Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery?

Earlier this year, the Arkansas Supreme Court handed down a case that reduced the ability to sue the State. See Board of Trustees of the University of Arkansas v. Andrews. This decision has been controversial; it has already...more

PTAB Denies Allergan & Mohawk Tribe’s Motion to Terminate IPRs Based on Sovereign Immunity

by Goodwin on

As we’ve reported on previously, Allergan, Inc. assigned its rights to patents covering its Restasis® dry eye treatment to the St. Regis Mohawk Tribe (“Tribe”) and simultaneously licensed back those patents in exchange for...more

PTAB Denies Saint Regis Mohawk Tribe’s Motion to Terminate IPRs Based on Tribal Immunity

A panel of the Patent Trial and Appeal Board (PTAB) denied the Saint Regis Mohawk Tribe’s motion to terminate six instituted inter partes review (IPR) trials, holding that Native American tribal immunity does not apply to IPR...more

284 Results
|
View per page
Page: of 12
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.