Fed. Circ. Says Tribal Immunity Doesn't Apply In IPR

Law360 (July 20, 2018, 11:55 AM EDT) -- The Federal Circuit on Friday ruled tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board, rejecting an attempt from Allergan PLC to shield patents for its dry-eye medication Restasis by transferring them to a Native American tribe.

​Drugmaker Allergan suffered a setback when the Federal Circuit ruled that it could not transfer patents to a Native American tribe to shield them from review. (AP)

The appeals court, in a precedential opinion, affirmed the PTAB’s decision that it has the authority to decide the validity of several patents that were challenged by generic drug companies and are...

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