Tribal immunity not applicable in IPR, says Fed Circuit
Allergan and the Saint Regis Mohawk Tribe suffered a blow today as the US Court of Appeals for the Federal Circuit affirmed a decision rejecting use of tribal sovereign immunity in the inter partes review (IPR).
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20 March 2019 Allergan and the Saint Regis Mohawk Tribe have again urged the US Supreme Court to hear their closely-followed litigation on tribal sovereign immunity, following a submission from generic maker Mylan in the case.
10 September 2018 Seven states have urged the US Court of Appeals for the Federal Circuit to rehear a decision rejecting the use of tribal sovereign immunity in the inter partes review process.
24 July 2018 The US Court of Appeals for the Federal Circuit’s ruling that tribal sovereign immunity doesn’t apply in inter partes review proceedings has sparked questions over state protections at the Patent Trial and Appeal Board.