Babaamaajimowinan (Telling of news in different places)

The future of sovereign immunity deals after Allergan ruling

Late last week, the Patent Trial and Appeal Board (PTAB) rejected a Native American tribe’s attempt to dismiss inter partes reviews (IPRs) based on the tribe’s sovereign immunity claims.

And, although the decision has been appealed, lawyers say the PTAB’s finding that tribal sovereign immunity doesn’t apply to IPRs could have an impact on other similar deals involving patent licences and sovereign immunity.


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