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Federal Circuit affirms tribal sovereign immunity cannot be asserted in IPRs

Michael Loney, New York

Allergan is not protected from PTAB review by the Saint Regis Mohawk Tribe’s sovereign immunity, says the appeals court in a ruling that relies on the Supreme Court’s FMC opinion

The Federal Circuit has affirmed the Patent Trial and Appeal Board (PTAB) refusal to terminate inter partes review (IPR) proceedings against Allergan patents for dry eye treatment Restasis. The drug company controversially transferred its patents to a Native American tribe...

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