Federal Indian Law for Patent Lawyers: The Implications of Allergan
IP Section CLE
Start Date - End Date
November 29, 2017
Registration Deadline
Tuesday, November 28, 2017
In September Allergan revealed that it had transferred title to its Restasis patents to the Saint Regis Mohawk Tribe. The transfer potentially insulated those patents from challenge as the Tribe, like any governmental entity, has sovereign immunity. The move has generated confusion and misinformation about the scope and potential limitations on tribal sovereign immunity as it relates to commercial transactions and litigation, including those involving intellectual property. There are 562 federally recognized tribes, pueblos, nations, Rancherias, communities and villages in the United States. The majority of these are in Alaska while the remainder are located in 33 other states. Each preexisted the Constitution and is considered a dependent sovereign entity. This presentation will detail the history of Indian sovereignty and the recognition of sovereign immunity by the federal courts, explaining its application on and off reservations and in governmental and commercial contexts, as well as the means by which it may be abrogated or waived. It will also discuss the manner in which it has been applied in the patent context, including in the Allergan litigation.
Speaker:
David Smith, Kilpatrick, Townsend & Stockton LLP, Washington D.C.
Registration Fees
| Price Description | Amount |
|---|---|
| CBA Member | $45.00 |
| Member | $35.00 |
| Member Gluten Free | $35.00 |
| Member Veggie | $35.00 |
| Non-Member | $45.00 |
| Non-Member Gluten Free | $45.00 |
| Non-Member Veggie | $45.00 |
Available Functions
Speakers
| Name | Organization | Speaking At |
|---|