Steven Seidenberg, Intellectual Property Watch; Native Tribes Can’t Shield Patents From USPTO Review
"The strategy was breathtaking in its boldness. Just days before the
USPTO was to hear a challenge to Allergan Inc.’s patents on a dry-eye
drug, Restasis, the company transferred those patents to a Native
American tribe; the tribe then sought to dismiss the USPTO proceedings
by asserting sovereign immunity. Following this action, a number of
other patentees made similar transfers to Native tribes, in order to
protect their patents. More patentees were poised to do so, should this
ploy prove effective. It, however, did not. On 20 July, the Federal
Circuit Court of Appeals ruled the tribe’s sovereign immunity did not
protect its patents from USPTO review. The ruling thus kept intact a key
component of America’s patent system."
Showing posts with label legal strategy. Show all posts
Showing posts with label legal strategy. Show all posts
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