Posts Tagged: sovereign immunity
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 …
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 …
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 …
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 …
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 …
PTAB Chief Ruschke says Expanded Panel Decisions are Conducted in Secret
Ruschke noted that his authority to expand the panels for PTAB trials doesn’t require him to notify the parties in the trial that the decision to …
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 …
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. “…
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 …
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 …
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 …
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 …
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 …
Sovereign Immunity of Patents: While a Strong Benefit to Patent Owners, These Patents Remain Subject to Traditional Challenges
The United States Patent Trial and Appeal Board (“PTAB”) recently dismissed another inter partes review (“IPR”) based on an assertion of 11th Amendment sovereign immunity. This decision …
