• Posts Tagged ‘sovereign immunity’

    The Patent Version of Righthaven

    by  • October 23, 2017 • patent • 0 Comments

    The news has been abuzz with Allergan, Inc,’s assignment of the patents in the highly lucrative “Restasis” dry-eye drug to the Saint Regis Mohawk Tribe and in turn receiving an exclusive license back. The transfer was so that the validity of the patents could not be challenged in an inter partes review because of...

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    An Indispensable Owner

    by  • October 21, 2013 • trademark • 1 Comment

    We know from Florida Prepaid that a State has sovereign immunity in federal intellectual property cases, so that it can only be required to appear in federal court if it has waived the immunity. This principle has ended a trademark infringement case before it got started. It’s an odd fact pattern. Plaintiff Richard Diaz,...

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