Protecting Patents Through Tribal Sovereign Immunity: A Failed Experiment

by Gregory Asciolla, Matthew Perez

February 26, 2019

Greg Asciolla, Partner and Antitrust and Competition Litigation Practice Co-Chair, and Of Counsel Matt Perez contributed the feature article in the February issue of Antitrust Advisor. "Protecting Patents Through Tribal Sovereign Immunity: A Failed Experiment" examines the impact of a recent decision by the Federal Circuit affirming a PTAB ruling that tribal sovereignty did not warrant dismissal of inter partes review proceedings.

The case involves the Saint Regis Mohawk Tribe’s acquisition of patents from Allergan for the blockbuster drug, Restasis®, which is prescribed to patients suffering from side effects associated with chronic dry eye disease. However, the licensing rights that were agreed upon with the Saint Regis Mohawk Tribe were circumspect in regard to structure and timing. Asciolla and Perez offer detailed insight into the novelty, significance, and implications of the Allergan-Mohawk deal.

Click here to read the full article from Antitrust Advisor.

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