Analysis

Fed. Circ. Tribal Ruling Puts State PTAB Immunity In Doubt

Law360 (July 23, 2018, 7:39 PM EDT) -- The Federal Circuit's decision that Native American tribal immunity can't shield patents from the Patent Trial and Appeal Board puts a likely end to a strategy that was seen as a threat to the future of PTAB reviews, while casting a shadow over state protections at the board.

The court ruled Friday that tribal sovereign immunity does not apply in inter partes reviews. The decision allows the PTAB to move forward with challenges to patents on Allergan PLC's dry-eye medication Restasis, which the drugmaker transferred last year to the Saint Regis Mohawk Tribe.

Allergan's agreement with the New York tribe, among...

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