Allergan, St. Regis Urge Justices To OK PTAB Tribal Immunity

Law360 (January 14, 2019, 7:02 PM EST) -- Allergan Inc. and the Saint Regis Mohawk Tribe have urged the U.S. Supreme Court to decide whether tribal immunity applies at the Patent Trial and Appeal Board, arguing the Federal Circuit has strayed from the justices' precedent about how patent reviews are characterized.

The Federal Circuit misinterpreted the Supreme Court's rulings in Oil States v. Greene's Energy Group and SAS Institute v. Iancu by finding that inter partes reviews are primarily agency enforcement actions where immunity doesn't apply, according to the Dec. 20 petition for a writ of certiorari, which was docketed Friday. The duo urged the justices to instead rule that IPRs...

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