www.fdanews.com/articles/188651-states-ask-appeals-court-to-rehear-st-regis-tribal-immunity-case
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.