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Reviewing St. Regis: Unresolved Issues At The Intersection Of Tribal Sovereign Immunity And Patent Law, Lucas Paez
Reviewing St. Regis: Unresolved Issues At The Intersection Of Tribal Sovereign Immunity And Patent Law, Lucas Paez
Vanderbilt Journal of Entertainment & Technology Law
In July 2018, the Federal Circuit ruled that sovereign immunity does not circumvent an inter partes review brought by the Patent Trial and Appeal Board. By deciding against the tribe in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals ("St. Regis"), the court determined that inter partes reviews are adjudicatory proceedings brought by the United States Patent and Trademark Office, and not an action brought by a private party. This ruling was the second significant ruling regarding inter partes reviews of the year, the first being the Supreme Court holding that inter partes reviews are constitutional. While the specific matter in …