top of page
  • Hilary Sumner

Supreme Court Holds that Tribal Sovereign Immunity Cannot Be Used to Shield Against USPTO Proceed...

Updated: Aug 24, 2023

Drug company Allergan transferred its Restasis drug patents to a Mohawk tribe in upstate NY. Under the deal, Allergan paid the Indian tribe $13.75 million and agreed to further payment of $15 million in annual royalties while the patents were in force. In exchange, the tribe agreed to lease the patents back to Allergan and promised to claim sovereign immunity in any USPTO patent challenges. Under the law, Indian tribes possess inherent sovereignty; however, this sovereignty may be limited through treaty or federal statute. Additionally, Congress possesses plenary power over tribes, allowing it to alter or abolish tribal sovereignty at will. The US Supreme Court recently held that Indian tribes cannot use sovereign immunity to shield themselves from patent challenges brought within the USPTO. The court did not decide whether sovereign immunity claims could be used by states.


1 view0 comments

Recent Posts

See All

10 Senators Urge Biden to Waive COVID-19 Patent Rights

Ten democratic Senators are hoping Biden will provide a temporary patent waiver for COVID-19 vaccinations. This would allow countries to manufacture the vaccines locally but will it affect the safe

EU Says Inventors Must Be Human

The European Union (EU) recently rejected two patents applications where the invention was created by artificial intelligence (AI). These inventions were created by a “creativity machine” comprised

Can Artificial Intelligence Invent?

British researchers are claiming that an artificial intelligence (AI) system invented both a complex system for interlocking food containers as well as a new warning light.  The researchers have filed

コメント


bottom of page