Fed. Circ. Rejects Bid For PTAB Tribal Immunity Rehearing

Law360 (October 22, 2018, 9:52 PM EDT) -- The full Federal Circuit on Monday said it won't reconsider a panel’s ruling that tribes can face Patent Trial and Appeal Board scrutiny, likely paving the way for one of the court’s closest-watched cases to head to the U.S. Supreme Court.

The Federal Circuit shot down a request by Allergan PLC and the St. Regis Mohawk Tribe to rehear the immunity issue that has eclipsed an infringement case over patents covering the dry-eye medication Restasis. As is common, the Federal Circuit didn’t explain why both the unanimous three-judge panel and full court turned down the rehearing request.

“The St. Regis Mohawk...

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