Allergan, Tribe Want PTAB Immunity Denial Reheard En Banc

By Dave Simpson (August 20, 2018, 9:59 PM EDT) -- The Saint Regis Mohawk Tribe and Allergan PLC on Friday asked the Federal Circuit court to reconsider en banc its ruling last month that tribal sovereign immunity doesn't apply in reviews at the Patent Trial and Appeal Board, which rejected the drugmaker's attempt to shield patents for its dry-eye medication Restasis by transferring them to the Native American tribe.

The drugmaker and the tribe said that the Federal Circuit's decision cuts against several precedential decisions, and that the case presents an important question as to whether sovereign immunity can be used in inter partes reviews.

"The panel's reasoning effectively forecloses IPR...

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