Owned – No Tribal Immunity in PTO Proceedings, Federal Circuit Rules

Cool article from the National Law Journal Re: Allergen, who has been attempting to shield itself from administrative review at the US Patent and Trademark Office by hiding under tribal immunity through the Saint Regis Mohawk Tribe.  From the article, “Judge Kimberly Moore of the U.S. Court of Appeals for the Federal Circuit wrote for the court July 20 that IPRs are more like traditional PTO re-examination of patents, where tribal immunity does not apply, than civil litigation between private parties, where tribal immunity can be invoked. “While IPR presents a closer case for the application of tribal immunity than re-examination, we nonetheless conclude that tribal immunity does not extend to these administrative agency reconsideration decisions,” Moore wrote.”

You can read the full article by clicking here or cut and paste the following url into your browser: https://www.law.com/nationallawjournal/2018/07/23/no-tribal-immunity-in-pto-proceedings-federal-circuit-rules/?slreturn=20180624101527

 

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