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Client Alert: Fed. Cir. Rejects Tribal Immunity Strategy at the PTAB
The U.S. Court of Appeals for the Federal Circuit rejected drug maker Allergan PLC’s attempt to shield its highly profitable Restasis patents from inter partes review (IPR) challenges by transferring them to a Native American tribe, as discussed in Cantor Colburn's Client Alert.
On July 20, 2018, in a precedential opinion the U.S. Court of Appeals for the Federal Circuit rejected drug maker Allergan PLC’s attempt to shield its highly profitable Restasis patents from inter partes review (IPR) challenges by transferring them to a Native American tribe. In reaching its decision, the Court found that IPR and other post-grant review proceedings are more akin to federal administrative proceedings rather than civil litigation, where trial immunity generally applies.
Andrew Ryan authored this Client Alert. He is a litigation partner and chairs the firm's Post Grant Practice Group.
Please note that each situation has its own unique circumstances and ramifications. This Client Alert is for informational purposes only and is not legal advice.
