Babaamaajimowinan (Telling of news in different places)

Raising sovereign immunity stakes, Apple files an IPR against Native American owned company

The debate over the use of sovereign immunity to protect patents from post-issuance reviews at the USPTO’s Patent Trial and Appeal Board (PTAB) has taken another turn. Late last week Apple filed an IPR against a patent held by MEC Resources, an entity owned by the Native American Three Affiliated Tribes, which had previously filed an infringement suit against the iPhone maker in a California district court.

Sovereign immunity as an IPR defence has become one of the patent stories of the year. It was used first (successfully) by several state universities and more recently has been claimed by a number of tribes including the Saint Regis Mohawk, who have taken on patents owned by pharma company Allergan and tech entity SRC Labs.

http://www.iam-media.com/blog/Detail.aspx?g=74cd9e76-44d9-485a-8054-e3f53e06b1f5

 

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