ARE Patent Law Alert:THE FEDERAL CIRCUIT RULES THAT TRIBAL SOVEREIGN IMMUNITY CANNOT BE ASSERTED IN IPRs

 On July 20, 2018, in an opinion penned by Circuit Judge Moore, the United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“PTAB”) denial of both the Saint Regis Mohawk Tribe’s motion to terminate on the basis of sovereign immunity, and Allergan’s motion to withdraw from the proceedings. […]