The Patton Law Firm, LLC
mobile icon
Discuss Your Case With An Experienced Attorney
Ph: 440-220-6398
Menu Contact

Patent transfer deals suffer defeat by administrative court

A case involving the University of Minnesota was reviewed by a United States administrative court earlier in December. The case, which involved the court's right to review the validity of patents, shot down the argument by the school that its sovereign status granted it immunity from such an idea.

The United States Patent Trial and Appeal Board issued the ruling, which strikes a blow to technology and pharmaceutical companies that have tried to move their patents to Native American tribes and state universities in an effort to prevent them from getting reviewed.

Because state universities and Native American tribes are government entities they can claim sovereign immunity, which means they have to consent to litigation before it occurs. In a different case from January 2017, the board ruled that sovereign immunity can be used as a defense, which is a direct disagreement with their latest ruling.

The ruling in the latest case came because the court said that the school waived its right to sovereign immunity by filing lawsuits in 2014 in federal court against Ericsson, the telecom equipment manufacturer surrounding patent infringement.

The latest ruling puts a damper on the plan put forth by Allergen, the makers of Restasis. The company had transferred its patents for Restasis to a tribe in upstate New York, the Saint Regis Mohawk Tribe, and pays the tribe to reacquire the licenses.

Administrative litigation is a complex part of the law in Cleveland. An experienced attorney will be able to help you or your company defend itself against such lawsuits in a court of law.

Source: Reuters, "U.S. administrative court deals major blow to patent transfer deals," Dec. 19, 2017

No Comments

Leave a comment
Comment Information

Want To Learn More?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

email us for a response
office map
The Patton Law firm, LLC

The Patton Law Firm, LLC
33595 Bainbridge Road Suite 200A
Solon, OH 44139-2981

Phone: 440-220-6398
Fax: 440-201-6465
Solon Law Office Map