Posts Tagged: Saint Regis Mohawk


Three Outstanding IP Deals of 2017

These IP deals were not necessarily selected for their size, but for their indicative nature of a set of circumstances that exist in current markets that made …
By Efrat Kasznik
1 year ago 0

The PTAB lacks authority to decide the applicability of tribal sovereign immunity

Native American tribes possess and exercise inherent sovereign immunity. It is also undisputable that such power may be abrogated, limited or qualified only by the express and …
By Terry Fokas
1 year ago 32

Amicus Brief Advocating Against Tribal Sovereign Immunity Filed in PTAB Proceedings

The motion of the St. Regis Mohawk Tribe (“the Tribe”) is based on the misplaced theory that Tribal Sovereign Immunity is applicable to administrative proceedings before the …

Laurence Tribe, Erwin Chemerinsky say PTAB should recognize Tribal Sovereign Immunity

Tribal sovereignty is not a “sham” or a “contrivance,” even when it produces results Petitioners do not like. There is no dispute that the St. Regis Mohawk …
By Derek Gilliland
1 year ago 24

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
1 year ago 0

Allergan’s RESTASIS® patents declared invalid by Eastern District of Texas

Judge William C. Bryson of the United States Federal District Court for the Eastern District of Texas found that Allergan's RESTASIS® patents were infringed by Teva Pharmaceuticals …
By Gene Quinn
1 year ago 16

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
1 year 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
1 year ago 15

Native Americans Set to Save the Patent System

Native American tribal sovereign immunity thwarts both of these dilatory infringer tactics and repositions the negotiation to where it needs to be – outside of the courthouse. The …
By Paul Morinville
1 year ago 71

FREE Webinar: Hot Topics in Patent Litigation

A multitude of changes to patent law and practice have altered the face of patent litigation in America. From patent venue decisions in district courts that seem …
By Gene Quinn
1 year ago 0

Saint Regis Mohawk Tribe Outraged at Senator McCaskill over Sovereign Immunity Bill

McCaskill's seemingly calculated ploy to get out in front of other Senators, all alone in her demand for a legislative solution that strips Native American Indian Tribes …
By Gene Quinn
1 year ago 13

Senator McCaskill introduces bill to abrogate Native American Sovereign Immunity

Senator McCaskill (D-MO) has introduced a bill to abrogate the sovereign immunity of Indian tribes as a defense in inter partes review (IPR) proceedings at the United …
By Gene Quinn
1 year ago 34

Indian Tribe files Motion to Dismiss RESTASIS Patent Challenge based on Sovereign Immunity

Earlier today the Saint Regis Mohawk Tribe filed a Motion to Dismiss in six separate inter partes review (IPR) proceedings relating to the Allergan drug RESTASIS®. The …
By Gene Quinn
1 year ago 23

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
1 year 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
1 year ago 13