States Ask Appeals Court to Rehear St. Regis Tribal Immunity Case

October 3, 2018

Seven states asked a federal appeals court to reconsider its July 20 denial of tribal immunity in a patent case involving Allergan’s controversial Restasis patent transfer to the St. Regis Mohawk tribe.

The states urged the court to allow such immunity as a defense from inter partes reviews by the PTO’s Patent Trial and Appeal Board, arguing that excluding state immunity from IPRs would have serious consequences for states.

In the Sept. 7 amicus brief, Indiana, Hawaii, Illinois, Massachusetts, Texas, Utah, and Virginia asked the court to grant an en banc rehearing, arguing it misapplied the law in the earlier decision.

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