Patent Board Finding Of No Tribal Immunity Affirmed By Federal Circuit

Mealey's (July 20, 2018, 3:43 PM EDT) -- WASHINGTON, D.C. — A denial by the Patent Trial and Appeal Board of a motion to terminate an inter partes review (IPR) of patents relating to the dry eye treatment Restasis was not erroneous according to the Federal Circuit U.S. Court of Appeals, which on July 20 agreed with the board that transfer of the patents to the Saint Regis Mohawk Tribe did not trigger tribal immunity (Saint Regis Mohawk Tribe, et al. v. Mylan Pharmaceuticals Inc., et al., Nos. 2018-1638, -1639, -1640, -1641, -1642, -1643, Fed. Cir.)....