Is the Allergan patent deal a misuse of sovereign immunity?

Earlier this month, in a bid to obtain immunity against an inter partes review (IPR), Allergan transferred its patent rights for a dry eye treatment to a Native American tribe.

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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.

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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.

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PTAB dismisses Native American tribe information request

8 January 2018 The Patent Trial and Appeal Board has denied an information request by a Native American tribe, deeming it improper for a number of reasons.

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Is the Allergan patent deal a misuse of sovereign immunity?

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