Skip to Main Content

A patent appeals board has issued a ruling that may undermine a highly controversial tactic Allergan employed to avoid a contentious type of patent challenge.

In a decision Tuesday, the U.S. Patent Trial and Appeal Board ruled an entity cannot claim sovereign immunity in order to deflect inter partes reviews, or IPRs, if it is party to a patent infringement lawsuit in a federal court. The decision came in a case not related to Allergan, but holds the potential for derailing a carefully crafted move by the company to escape an IPR for patents on a huge-selling drug.

Unlock this article by subscribing to STAT+ and enjoy your first 30 days free!


Comments are closed.