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Original air date:  1/23/19. Patents and Tribal Sovereign Immunity
Native American Tribes have historically enjoyed immunity from private suits, including suits under U.S. intellectual property statutes.  In 2017, Allergan assigned patents covering its Restasis® dry-eye medicine to the St. Regis Mohawk Tribe in order to avoid an Inter Partes Review challenge to those patents.  The Patent Trial and Appeal board found that the Tribe’s immunity didn’t apply to IPR proceedings, the Federal Circuit affirmed, and the Tribe is likely taking its case to the Supreme Court.  In this presentation, we will discuss the background of sovereign immunity, how it applies to Native American Tribes and their property interests, the various legal issues raised in the case to date, and predictions about the Supreme Court’s take on those issues.
Presented by: James Major of Norris McLaughlin; and Jim Klaiber of Hughes Hubbard.