Posts Tagged: immunity


PTAB: State Waives Eleventh Amendment Immunity by Filing Patent Infringement Lawsuit

An expanded panel of the PTAB, in a majority opinion authored by Chief Judge David Ruschke, agreed with the University of Minnesota that an IPR proceeding is …
By Gene Quinn
7 months ago 32

Double jeopardy at the PTAB forces Allergan and others to seek sovereign immunity defenses

The PTAB subjects all patent owners to double jeopardy, but the situation is particularly bad for pharmaceutical companies which already have to face a Congressionally-mandated validity review …
By Steve Brachmann
9 months ago 0

St. Regis Mohawks, BIO send letters to Senate Judiciary slamming the unfair playing field of IPRs at PTAB

On Thursday, October 12th, a pair of letters addressed to the bipartisan leadership of the Senate Judiciary Committee were delivered in an attempt to inform Senators on …
By Steve Brachmann
9 months ago 22

Efficient infringer lobby achieves bipartisan effort to abrogate Native American tribal sovereignty

The patent deal with the St. Regis tribe doesn’t shield the patents from validity challenges coming from a Hatch-Waxman trial recently concluded in Texas federal court. “…
By Steve Brachmann
9 months ago 15

Allergan’s patent transaction with St. Regis Mohawks could presage more arbitrage patent transactions

News of the St. Regis patent transaction has sparked interest in others pursuing similar arbitrage arrangements that provide revenue streams to Native American tribes outside of gambling …
By Steve Brachmann
10 months ago 2

Mylan calls Allergan’s patent deal with Indian tribe a “sham” transaction in PTAB hearing on sovereign immunity defense

The tribe is raising a sovereign immunity defense in the case as the tribe is a sovereign entity which is not amenable to a suit unless it …
By Steve Brachmann
10 months ago 13

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