Whichever branch strikes first could make issue moot for the other . . .

Congress, Courts Concurrently Tackle Allergan Patent Scheme

April 12, 2018
Congress and the courts are simultaneously grappling with how to deal with Allergan's attempts to use a tribe's sovereign immunity to block patents from the inter partes review process, and whichever branch of government acts first may preempt action by the other. While supporters of the legislative approach, namely passage of Sen. Tom Cotton (R-AR)'s Preserving Access to Cost Effective Drugs (PACED) Act, think it would be great if Congress acted swiftly, many think the Federal Circuit will act first...

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