Posts Tagged: sovereign immunity
CAFC Reiterates Sovereign Immunity Is a Shield, Not a Sword
On September 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) held that state sovereignty principles asserted by the Board of Regents of the University …
The Year in Patents: The Top 10 Patent Stories from 2018
Before proceeding it is worth noting two things. First, that my list focuses on specific and identifiable events. Second, there are a number of stories worth mentioning, …
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 …
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 …
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 …
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 …
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 …
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 …
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. …
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. …
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 …
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 …
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 …
