PTAB Denies Allergan & Mohawk Tribe's Motion to Terminate IPRs Based on Sovereign Immunity


As we've reported on previously , Allergan, Inc. assigned its rights to patents covering its Restasis dry eye treatment to the St. Regis Mohawk Tribe and simultaneously licensed back those patents in exchange for the Tribe's agreement to invoke tribal sovereign immunity in inter partes review proceedings before the United States Patent and Trademark Office's Patent Trial and Appeal Board . On September 22, 2017, the Tribe moved the Board to terminate the IPRs based on its tribal sovereign immunity.



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