Posts Tagged: sovereign immunity


Oral Arguments in Allen v. Cooper Pit Court Precedent Against Rising Tide of State Copyright Infringement

The Supreme Court heard oral argument in Allen v. Cooper (Case No. 18-877) on Monday, November 5, 2019. Petitioner Allen claims that the State of North Carolina infringed his …

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 …
By Nancy Braman
2 months ago 0

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, …
By Gene Quinn
11 months ago 17

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
1 year 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
2 years 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
2 years 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
2 years 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
2 years 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
2 years 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
2 years 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 Gene Quinn & Steve Brachmann
2 years 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
2 years 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
2 years 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 …