In Surprising Move, PTAB Tackles Tribal Immunity Head-On

By Matthew Bultman (February 26, 2018, 10:37 PM EST) -- Deciding it could review the validity of patents covering Allergan PLC's Restasis drug, the Patent Trial and Appeal Board tackled the issue of tribal sovereign immunity head-on, surprising legal experts who said there were easier ways the board could have resolved the dispute.

The board on Friday denied a motion from the Saint Regis Mohawk Tribe seeking to terminate challenges that Mylan Inc. and other generics companies brought against several Restasis patents. Allergan transferred the patents to the tribe last year, believing the tribe's status as a sovereign entity would shield the patents from PTAB review.

In its decision, the board...

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