Allergan ruling casts doubt on tribal patent strategy image

Reuters, October 17, 2017
Jan Wolfe, quoting Rachel E. Sachs (Academic Fellow Alumna)

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The company said the PTAB proceeding should be terminated because the tribunal did not have jurisdiction over the tribe. Allergan said it wanted to avoid defending the patent in both federal court and before PTAB. 

But after Bryson’s ruling, other patent owners will be less likely to transfer such patents to tribes to shield them from review, said Rachel Sachs, a professor of patent law at Washington University in St. Louis. 

Bryson said “sovereign immunity should not be treated as a monetizable commodity that can be purchased by private entities as part of a scheme to evade their legal responsibilities.” 

Sachs said Bryson is a well-regarded judge and that his reasoning could be cited by other courts, including PTAB judges.

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