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A Clever Scheme To Protect Invalid Patents Has Failed

HTIA


Patents

On July 20, the U.S. Court of Appeals for the Federal Circuit turned back an attempt to shield invalid patents from a second look by the U.S. Patent and Trademark Office. The case, St. Regis Mohawk Indian Tribe and Allergan v. Mylan Pharmaceuticals Inc., is an outgrowth of a deal between the St. Regis Mohawk Indian Tribe, whose reservation straddles the New York-Canadian border, and the drug maker Allergan. Trying to escape Patent and Trademark Office review, the company sold a portion of its patent portfolio to the tribe, which, like all officially recognized Native American tribes, enjoys a limited form of sovereign immunity, similar to the sovereign immunity of the 50 states.

Read the full article on Law360


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