St. Regis Mohawk/Allergan lose at PTAB

in DECISION, Denying the Tribe’s Motion to Terminate, 37 C.F.R. §§ 42.5, 42.72 (23 Feb 2018), PTAB stated:Upon consideration of the record, and for the reasons discussedbelow, we determine the Tribe has not established that the doctrine of tribalsovereign immunity should be applied to these proceedings. Furthermore,we determine that these proceedings can continue even without the Tribe’sparticipation in view of Allergan’s retained ownership interests in thechallenged patents. The Tribe’s Motion is therefore denied.PTAB found no legal support addressing the tribal immunity issue:The Tribe and its supporting amici, however, have not pointed to anyfederal court or Board precedent suggesting that FMC’s holding with respectto state sovereign immunity can or should be extended to an assertion oftribal immunity in similar federal administrative proceedings. Rather, theTribe cites certain administrative decisions of other federal agencies to…

Read more detail on Recent Intellectual Property Law posts –

This entry was posted in Intellectual Property and tagged , , , . Bookmark the permalink.

Leave a Reply