Posts Tagged: immunity
Third Circuit: Facebook Not Immune to Right of Publicity Claims Under IP Carve-Out of Section 230
On September 23, the U.S. Court of Appeals for the Third Circuit reversed in part a decision by the U.S. District Court for the Eastern District …
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 …
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 …
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 …
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. “…
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 …
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 …
