Federal Circuit Holds that Native American Tribes do not Have Sovereign Immunity from Inter Partes Review of Their Patents

On July 20, a panel of the U.S. Court of Appeals for the Federal Circuit (in regards to the Saint Regis Mohawk Tribe in Allergan, Inc. v. Mylan Pharmaceuticals Inc.) held that Native American tribes do not enjoy Sovereign Immunity which would protect their patents from challenge in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO).

For more in depth information about this case, an article written by John Richards is available in our Education Center