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Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.
Case Number:
18-1638
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July 06, 2018
Patent Cases To Watch In The 2nd Half Of 2018
From the impact of the America Invents Act on the scope of the on-sale bar to sovereign immunity at the Patent Trial and Appeal Board, courts have a number of important issues to consider as we move into the second half of 2018. Here’s a look at some of the issues — and cases that implicate them — that will be worth watching over the next six months.
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June 04, 2018
Fed. Circ. Weighs Immunity From IPR In Tribal IP Transfer
A Federal Circuit panel Monday grilled attorneys for the St. Regis Mohawk Tribe, the federal government and a group of pharmaceutical companies over whether patents transferred to tribal nations are shielded from inter partes review by sovereign immunity.
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June 01, 2018
Tribal Immunity At The Fed. Circ.: What You Need To Know
The Federal Circuit will hear arguments Monday on whether tribal sovereign immunity can insulate patents from review at the Patent Trial and Appeal Board, wading into an issue one judge has suggested could spell the end of the review proceedings.
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May 21, 2018
Tribe Says It's Not Just 'Collecting A Check' From Patents
The St. Regis Mohawk Tribe is gearing up to actively use the patents it bought from Allergan PLC to develop new medicines, proving the purchase wasn't just a sham deal to help Allergan avoid patent reviews and bring in income for the tribe, the pair told the Federal Circuit.
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May 16, 2018
DOJ, Microsoft Urge Fed. Circ. To Find Tribes Can Face IPRs
The Federal Circuit should uphold the Patent Trial and Appeal Board's decision saying that sovereign immunity doesn't apply to inter partes reviews because federal agencies are allowed to enforce federal law, even against states and Native American tribes, the U.S. Department of Justice, Microsoft Corp. and other amici told the court.
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April 19, 2018
Allergan, Tribe Fight PTAB's Immunity Denial At Fed. Circ.
The Patent Trial and Appeal Board went against decades of U.S. Supreme Court precedent when it found that the St. Regis Mohawk Tribe isn't immune to inter partes reviews, the tribe and Allergan Inc. told the Federal Circuit on Wednesday in a closely watched case over dry eye medication patents.
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March 28, 2018
Fed. Circ. Pauses PTAB Review Of Restasis Patents
The Federal Circuit on Wednesday ordered the Patent Trial and Appeal Board to pause its review of patents covering Allergan PLC's dry eye medication Restasis while the appeals court considers arguments that tribal immunity insulates the patents from proceedings at the board.
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March 26, 2018
Generic Cos. Tell Fed. Circ. Not To Halt PTAB Restasis IPRs
The Patent Trial and Appeal Board should be allowed to proceed with its review of patents covering Allergan PLC's Restasis medication, generic-drug makers said Friday, urging the Federal Circuit not to reward the drug company for its "misappropriation" of tribal immunity.
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March 19, 2018
Tribe Asks Fed. Circ. To Pause Restasis Patent Reviews
Allergan and the Native American tribe that acquired patents for the drug company's Restasis medication urged the Federal Circuit on Friday to stop the Patent Trial and Appeal Board's review of the patents, days after generic-drug makers ripped their claims of immunity as "manipulative."
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