Analysis

In Surprising Move, PTAB Tackles Tribal Immunity Head-On

Law360 (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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!