Babaamaajimowinan (Telling of news in different places)

Law Professor Notes PTAB's Decision on Sovereign Immunity Goes Well Beyond the Constitution

On Friday, February 23rd, the Patent Trial and Appeal Board (PTAB) issued a decision denying a motion to terminate an inter partes review (IPR) proceeding involving patent owner St. Regis Mohawk Tribe. The decision allows petitioners, pharmaceutical firms Mylan and Teva, to move forward with a challenge to the validity of patents covering the eye treatment RESTASIS, marketed by drug company Allergan.

The PTAB’s decision in this case has elicited some strong reactions from industry insiders. The way the PTAB crafted its decision has raised some question as to whether that administrative tribunal is following basic legal precepts in adjudicating the validity of property rights which are sometimes worth over one billion dollars. On Twitter, this decision was the focus of a 20-part post, which was published by Jacob S. Sherkow, an associate professor of law at New York Law School. Sherkow noted that the PTAB could have narrowly crafted its decision to focus on the licensing agreement between St. Regis and Allergan if it was going to decide that St. Regis wasn’t the real party in interest in the IPR:


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