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Restasis Patent Review Back On Track As Federal Circuit Quashes Mohawk Tribe's Sovereign Immunity Claim

 
• By Brenda Sandburg

Appeals court says inter partes review is more like an agency enforcement action than a civil suit and thus tribal immunity does not apply to the proceeding; PTAB now to determine patentability of Restasis patents.

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The US Court of Appeals for the Federal Circuit vanquished Allergan Inc.'s bid to eliminate an inter partes review (IPR) challenge of its Restasis (cyclosporine) patents, finding that tribal sovereign immunity does not apply to IPR proceedings.

After Allergan transferred rights to the patents to the Saint Regis Mohawk Tribe, the tribe asked the US Patent and...

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