Posts Tagged: sovereign immunity


Federal Circuit rules tribal sovereign immunity cannot be asserted in IPRs

Federal Circuit, in an opinion authored by Judge Moore, affirmed the determination of the PTAB, holding that tribal sovereign immunity cannot be asserted in IPRs. the decision …
By Gene Quinn
29 days ago 14

Askeladden LLC Submits Another Amicus Brief Advocating Against Tribal Sovereign Immunity for PTAB Proceedings

In this regard, a PTAB proceeding is not a suit in court, but instead an administrative proceeding in which the Patent Office (through the PTAB) takes “a …

Mohawks appeal PTAB denial of Sovereign Immunity defense

The appellants are appealing from a series of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) where the Board made the controversial …
By Steve Brachmann
3 months ago 3

Mohawk Tribe wins stay from Federal Circuit in sovereign immunity fight

The Federal Circuit issued an Order staying further proceedings at the PTAB relating to the RESTASIS patents now owned by the Saint Regis Mohawk Tribe. The stay …
By Gene Quinn
5 months ago 4

PACED Act has nothing to do with drug prices, discriminates against Native Americans

The bill has nothing to do with drugs or drug prices, how how much Missourians desire cheaper generics. The PACED Act is discriminatory, has nothing to do …
By Gene Quinn
5 months ago 15

Mohawk Tribe Ready to Battle over Ex Parte Communications between PTAB Judges

Attorneys for the Mohawk tribe have notified the USPTO that ex parte communications between an APJ assigned to the IPRs and an APJ not assigned to the …
By Gene Quinn
5 months ago 107

Law Professor Notes PTAB’s Decision on Sovereign Immunity Goes Well Beyond the Constitution

As Sherkow’s Twitter critique notes, however, this hesitation to extend sovereign immunity to tribes in proceedings at the PTAB without precedent for doing so presumes that …
By Steve Brachmann
6 months ago 8

PTAB Denies St. Regis Mohawk Assertion of Sovereign Immunity

The Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office denied the Motion to Dismiss filed by the Saint Regis Mohawk Tribe. …
By Gene Quinn
6 months ago 23

PTAB Chief Attempts to Explain Expanded Panel Decisions, Sovereign Immunity at PPAC

Given the PTAB's ability to make decisions precedential, Ruschke's argument about how important and meaningful it is to have expanded panels to ensure uniformity misses the mark. …
By Steve Brachmann & Gene Quinn
6 months ago 9

IP and Sovereign Immunity: Why You Can’t Always Sue for IP Infringement

The overlap between sovereign immunity and IP issues is not something that comes up all of the time. However, when it does, the impact of the immunity …
By Mitchell Feller
7 months ago 2

Why did two APJs issue an identical concurring opinion in separate cases?

Notice what APJ Harlow wrote relating to IPR2017-01068 is word for word identical to what APJ Bisk wrote relating to IPR2017-01186. Indeed, the entirety of …
By Gene Quinn
7 months ago 8

Six Predictions for the 2018 Patent Environment

For patent practitioners, this year packed in a lot of activity: Fractured Federal Circuit en banc decisions resolving who bears the burden of proof on motions to …

St. Regis Tribe requests oral hearing, seeks discovery on political pressure at PTAB

The St. Regis tribe is seeking discovery on due process concerns posed by the potential of political or third-party pressure asserted to “reach an outcome inconsistent with …
By Steve Brachmann & Gene Quinn
7 months ago 11

The Top Trends in Patent Law for 2017

As we mark the close of yet another year, we’re provided with a perfect opportunity to look back on the previous twelve months and see what …
By Steve Brachmann
8 months ago 1

The Year in Patents: The Top 10 Patent Stories from 2017

It is that time once again when we look back on the previous year in preparation to close the final chapter of 2017 in order move fresh into …
By Gene Quinn
8 months ago 14

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