Taking Sides On Mohawk IPR: Generic And High Tech Industries Vs. Law Profs
Groups weigh in on Tribe's request for Patent Trial and Appeal Board to drop inter partes review of Restasis patents; Deva Holding says pending Allergan infringement suit shows Allergan and Tribe have same interests.
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Supreme Court's concern about 'panel stacking' reflected in Mohawk Tribe's request to know the identity of PTAB members deciding its request to toss inter partes review.
US Justices questioned PTAB panel stacking and ability to challenge patent years after issuance, but the fact decisions can be reviewed by appellate court seemed to allay their concerns.
District court questions legitimacy of Allergan's patent transfer tactic, saying it 'could spell the end of the PTO's IPR program.'