26 February 2018Americas

Native American tribe not entitled to sovereign immunity: PTAB

The Patent Trial and Appeal Board (PTAB) rejected the Saint Regis Mohawk Tribe’s attempt to dismiss inter partes reviews (IPRs) related to dry-eye treatment Restasis (cyclosporine ophthalmic emulsion) late last week.

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Americas

Sovereign immunity: a venue-dependent protection

6 April 2021 A recent University of Texas dispute perfectly illustrates the differing role sovereign immunity takes in proceedings at the Patent Trial and Appeal Board and district court, say Simon Roberts, Nitya Anand and Eric Wang of Hogan Lovells.

Americas

Allergan and tribe claim PTAB can’t decide on Restasis patents

13 March 2018 Allergan and the Saint Regis Mohawk Tribe have argued that the Patent Trial and Appeal Board doesn’t have the jurisdiction to decide on the validity of patents concerning a dry-eye treatment while its recent decision is being appealed.

Biotechnology

University can claim sovereign immunity in cancer treatment suit, rules Federal Circuit

28 July 2020 The University of Texas is protected from being forced to become an involuntary plaintiff in an infringement suit because of sovereign immunity, the US Court of Appeals for the Federal Circuit ruled on Friday, July 24.