Author: John Richards | Practices: , | Tags: , , , , ,

U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT HAS HELD THAT NEITHER STATE AGENCIES NOR INDIAN TRIBES ENJOY SOVEREIGN IMMUNITY, WHICH WOULD PROTECT THEIR PATENTS FROM CHALLENGE IN THE PATENT TRIAL AND APPEAL BOARD OF THE UNITED STATES PATENT AND TRADEMARK OFFICE

Introduction On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes...

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Author: John Richards | Practices: , | Tags: , , , , , ,

Native American Tribes’ Patents Not Immune from Challenge in the Patent Trial and Appeal Board

On July 20 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes do not enjoy Sovereign...

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Author: John Richards | Practices: , | Tags: , , , , ,

PRESENTATION: FEDERAL CIRCUIT CONTROL OVER PTAB IN POST-GRANT PROCEEDINGS

A presentation given by Ladas attorney John Richards during the Fordham IP Institute Conference in April 2018 is now available. Click on link to view: “Federal Circuit Control Over PTAB in Post-Grant...

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Author: John Richards | Practices: | Tags: , , , , ,

The Federal Circuit Reviews Patent Trial and Appeal Board Decisions on Inter Partes Review

There are now three decisions of the Federal Circuit on appeals from the Patent Trial and Appeal Board (PTAB) on inter partes reviews: In re Cuozzo Speed Technologies LLC Belden Inc. v. Berk-Tek LLC and Microsoft Corporation v. Proxyconn Inc....

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