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- Title
EYE SEE WHAT YOU'RE DOING: AN ANALYSIS OF ALLERGAN'S USE OF TRIBAL SOVEREIGN IMMUNITY TO EVADE IPR OF THEIR EYE PRODUCT, RESTASIS.
- Authors
Lipiz, Julea
- Abstract
The article evaluates the decision of the U.S. Court of Appeals for Federal Circuit's decision in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals which found that tribal sovereign immunity was not an acceptable defense during inter partes review. It compares uses of state and tribal sovereign immunity during patent review procedures and patent litigation. It also mentions sovereign immunity is an inapplicable defense during inter partes review (IPR).
- Subjects
SAINT Regis Mohawk Indian Reservation (N.Y.); UNITED States; MYLAN Pharmaceuticals Inc.; TRIBAL sovereignty; GOVERNMENT liability; PATENT suits
- Publication
Berkeley Technology Law Journal, 2019, Vol 34, Issue 4, p1057
- ISSN
1086-3818
- Publication type
Article
- DOI
10.15779/Z384M91B3S