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Restasis IPR Reprieve: Federal Circuit Stays PTAB Action Until June

 
• By Brenda Sandburg

Appeals court to address whether Mohawk Tribe has sovereign immunity before inter partes review proceeding goes forward; Federal Circuit may leave it to Congress to decide question.

Court of Appeals for Federal Circuit Lafayette Park Across from White House Washington DC

The Saint Regis Mohawk Tribe and Allergan Inc. won a stay of inter partes review (IPR) of Restasis (cyclosporine) patents until the US Court of Appeals for the Federal Circuit decides whether the Tribe has sovereign immunity that shields it from the proceedings. However, the delay does not reflect on the ultimate outcome of the dispute and the validity of the patents.

The Mohawk Tribe appealed a February decision by the US Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) that tribal sovereign immunity does not apply to IPR proceedings....

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