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How Allergan’s Mohawk tribe patent deal could blow up the IPR system

Michael Loney, New York


If successful, Allergan’s eye-catching gambit of seeking to cancel PTAB proceedings by assigning patents to the Saint Regis Mohawk Tribe would be a blueprint for others to follow. But will the PTAB rule that sovereign immunity applies in this case?

Patent Trial and Appeal Board (PTAB) practitioners will have no need for Restasis if Allergen’s brazen move to preserve patents for the dry eye treatment is successful. Instead, they’ll be crying about the end of the PTAB as we know...


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End of Year 2017

Tribal sovereign immunity: Taking a wrecking ball to the IPR system

The lawyer behind Allergan’s controversial transfer of patents to a Native American tribe says others are “lining up to do deals”. But, Michael Loney asks, will the PTAB rule that sovereign immunity applies in these types of deals?



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