Analysis

Could A High Court Case Blunt AIA Tribal Immunity Defense?

Law360, New York (December 15, 2017, 7:31 PM EST) -- Efforts to use the sovereign immunity of Native American tribes to shield patents from America Invents Act reviews have roiled the patent world, but a new U.S. Supreme Court case could throw a wrench into the strategy. It would take a circuitous route to get there, but here’s a look at how it could happen.

This month, the justices granted cert to the Upper Skagit Indian Tribe, agreeing to review a holding that the tribe could not invoke its sovereign immunity to dismiss a land ownership suit against it because the court was exercising jurisdiction over the property, not the tribe....

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