Allergan, Tribe Want IPRs Blocked As They Turn To High Court

Law360 (October 26, 2018, 7:26 PM EDT) -- Allergan PLC and the St. Regis Mohawk Tribe on Friday urged the Federal Circuit to stay its ruling that the tribe can face inter partes reviews as it takes the case to the U.S. Supreme Court, arguing that if it has to sit through patent challenges in the interim, its “sovereign immunity would be irretrievably lost.”

The pair say there is a “substantial” question about whether tribes can invoke sovereign immunity during IPRs that the justices need to answer. There will be no harm done with a stay but significant harm without one, they argue.

“Once a sovereign entity is compelled...

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