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Court denies appeal in Mohawk case, clarifies IPR's role

July 21, 2018 12:29 AM UTC

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled Friday that the Saint Regis Mohawk Tribe cannot assert sovereign immunity in an inter partes review challenging patents on Restasis cyclosporine, affirming a February decision from the Patent Trial and Appeal Board (PTAB).

The court also classified IPR proceedings as an "agency enforcement action" rather than civil litigation...