Restasis Patent Review Back On Track As Federal Circuit Quashes Mohawk Tribe's Sovereign Immunity Claim
Appeals court says inter partes review is more like an agency enforcement action than a civil suit and thus tribal immunity does not apply to the proceeding; PTAB now to determine patentability of Restasis patents.
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Legislation was also revised to enable manufacturers to justify withdrawing, discontinuing or switching product for follow-on; bills restricting citizen petitions, tribal sovereign immunity also clear committee.
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