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6 April 2021AmericasSimon Roberts, Nitya Anand and Eric Wang

Sovereign immunity: a venue-dependent protection

At first glance, sovereign immunity—a constitutionally and judicially-created doctrine that protects sovereign entities such as countries, states, or indigenous tribes from suit unless the entity has waived its immunity or consented to suit—may seem like a get-out-of-jail-free card for a sovereign patent owner involved in a patent dispute.

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19 September 2017   Earlier this month, in a bid to obtain immunity against an inter partes review (IPR), Allergan transferred its patent rights for a dry eye treatment to a Native American tribe.
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26 February 2018   The Patent Trial and Appeal Board rejected the Saint Regis Mohawk Tribe’s attempt to dismiss inter partes reviews related to dry-eye treatment Restasis late last week.

More on this story

Americas
19 September 2017   Earlier this month, in a bid to obtain immunity against an inter partes review (IPR), Allergan transferred its patent rights for a dry eye treatment to a Native American tribe.
Americas
26 February 2018   The Patent Trial and Appeal Board rejected the Saint Regis Mohawk Tribe’s attempt to dismiss inter partes reviews related to dry-eye treatment Restasis late last week.

More on this story

Americas
19 September 2017   Earlier this month, in a bid to obtain immunity against an inter partes review (IPR), Allergan transferred its patent rights for a dry eye treatment to a Native American tribe.
Americas
26 February 2018   The Patent Trial and Appeal Board rejected the Saint Regis Mohawk Tribe’s attempt to dismiss inter partes reviews related to dry-eye treatment Restasis late last week.