PTAB Ruling On Sovereign Immunity Sparks Debate, Appeal

The Patent Trial and Appeal Board's move late last month to shoot down a closely followed attempt by the Saint Regis Mohawk Tribe to assert sovereign immunity in a bid to keep the Restasis dry eye drug patents it acquired from Allergan out of the inter partes review process has sparked new debate over the board's authority to make such a determination and predictions the issue will ultimately land at the U.S. Supreme Court. The tribe has already filed an...