Mondaq USA: Litigation, Mediation & Arbitration > Sovereign Immunity: Public Sector Government
McDermott Will & Emery
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) finding that tribal immunity does not apply to inter partes review (IPR) proceedings.
Morrison & Foerster LLP
This month, we highlight significant developments from July 2018, including the FDA's Biosimilar Action Plan for "reducing gaming of FDA requirements or other attempts to unfairly delay competition" ...
Kramer Levin Naftalis & Frankel LLP
In a previous post here, we described constitutional and procedural challenges to inter partes review ("IPR") in the Oil States and SAS Institute cases taken up by the U.S. Supreme Court.
Akin Gump Strauss Hauer & Feld LLP
On July 20, 2018, the Federal Circuit affirmed in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals, Inc. that tribal immunity cannot be asserted in IPRs.
Marshall, Gerstein & Borun LLP
The Federal Circuit recently affirmed the PTAB's decision that tribal immunity cannot be asserted in an IPR (Saint Regis Mohawk Tribe v. Mylan Pharma Inc., Case No. 2018-1638 (Fed. Cir. July 20, 2018).
Dickinson Wright PLLC
On Friday, July 20, 2018, the Court of Appeals for the Federal Circuit addressed the controversial application of sovereign immunity for inter partes review in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.
Oblon, McClelland, Maier & Neustadt, L.L.P
The Federal Circuit issued its decision in Saint Regis Mohawk Tribe et al v. Mylan Pharmaceuticals Inc., et al (18-1638) on July 20, 2018.
Foley Hoag LLP
In Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.
Seyfarth Shaw LLP
Indian tribes ability to shield patents from review at the United States Patent and Trademark Office's ("USPTO") Patent Trial and Appeal Board ("PTAB") took another blow at the Federal Circuit.
Jones Day
This ruling may have eliminated the practice of transferring patents to Native American tribes for immunization from IPR proceedings.
Lewis Brisbois Bisgaard & Smith LLP
The Federal Circuit ruled on Friday July 20, 2018 that tribal sovereign immunity cannot bar inter partes review (IPR) proceedings before the U.S. Patent and Trademark Office (PTO) ...
Brooks Kushman
In a closely-watched case, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO's Patent Trial and Appeal Board and held that tribal sovereign immunity does not apply to...
Ropes & Gray LLP
Last Friday, the Federal Circuit affirmed the Patent Trial & Appeal Board's denial of tribal sovereign immunity as a patent owner defense to an AIA trial challenge.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
A state's sovereign immunity does not allow its agencies to avoid the requirements of the patent venue statute.
Ropes & Gray LLP
In advance of the upcoming hearing, the U.S. Dept. of Justice has filed its amicus brief supporting the agency's decision to deny immunity.
Marshall, Gerstein & Borun LLP
In late March, the Federal Circuit issued an order staying the PTAB proceedings concerning numerous related IPRs of patents issued to Allergan, Inc. ("Allergan") ...
McDermott Will & Emery
In a matter of first impression, the Patent and Trial Appeal Board (PTAB) denied a Native American tribe's motion to terminate a finding that tribal sovereign immunity does not apply to inter partes review (IPR) ...
Ropes & Gray LLP
Last June, Senator Chris Coons (D-DE) and several co-sponsors introduced the Support Technology & Research for Our Nation's Growth and Economic Resilience (STRONGER) Patents Act of 2017 ...
Ropes & Gray LLP
Senator Tom Cotton (R-Arkansas) and Senator Claire McCaskill (D-Missouri) along with Senators Pat Toomey (R-Pennsylvania), Joni Ernst (R-Iowa), David Perdue (R-Georgia) introduced...
Jones Day
In a case of first impression, the PTAB recently decided that the doctrine of tribal sovereign immunity does not apply to inter partes review proceedings.
Most Popular Recent Articles
Morrison & Foerster LLP
This month, we highlight significant developments from July 2018, including the FDA's Biosimilar Action Plan for "reducing gaming of FDA requirements or other attempts to unfairly delay competition" ...
McDermott Will & Emery
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) finding that tribal immunity does not apply to inter partes review (IPR) proceedings.
Kramer Levin Naftalis & Frankel LLP
In a previous post here, we described constitutional and procedural challenges to inter partes review ("IPR") in the Oil States and SAS Institute cases taken up by the U.S. Supreme Court.
Oblon, McClelland, Maier & Neustadt, L.L.P
The Federal Circuit issued its decision in Saint Regis Mohawk Tribe et al v. Mylan Pharmaceuticals Inc., et al (18-1638) on July 20, 2018.
Dickinson Wright PLLC
On Friday, July 20, 2018, the Court of Appeals for the Federal Circuit addressed the controversial application of sovereign immunity for inter partes review in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.
Foley Hoag LLP
In Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.
Akin Gump Strauss Hauer & Feld LLP
On July 20, 2018, the Federal Circuit affirmed in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals, Inc. that tribal immunity cannot be asserted in IPRs.
Jones Day
In a case of first impression, the PTAB recently decided that the doctrine of tribal sovereign immunity does not apply to inter partes review proceedings.
Marshall, Gerstein & Borun LLP
The Federal Circuit recently affirmed the PTAB's decision that tribal immunity cannot be asserted in an IPR (Saint Regis Mohawk Tribe v. Mylan Pharma Inc., Case No. 2018-1638 (Fed. Cir. July 20, 2018).
Ropes & Gray LLP
In advance of the upcoming hearing, the U.S. Dept. of Justice has filed its amicus brief supporting the agency's decision to deny immunity.
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