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.

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  • Excellent info. When would we know about ruling . Per stat plus team , how much are the chances for allergen to win the suit. Thank you

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