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Civil Litigation,
Intellectual Property

Jul. 23, 2018

Tribal immunity does not apply in patent review, Federal Circuit rules

A Federal Circuit panel ruled Friday that tribal sovereign immunity does not apply in inter partes review of patents, quashing an attempt by Allergan PLC to extricate itself from challenges brought against its patents for a dry-eye medication.

Tribal sovereign immunity does not apply in inter partes review of patents, a panel of the U.S. Court of Appeals for the Federal Circuit ruled Friday, quashing an attempt by Allergan PLC to extricate itself from challenges brought against patents for a dry-eye medication.

In 2015, Allergan sued generic drug manufacturers for allegedly infringing on patents related to the chronic dry eye treatment Restasis. In response, Mylan Pharmac...

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