May 16, 2018 / 11:49 PM / 6 months ago

Microsoft urges appeals court to limit sovereign immunity at PTAB

Microsoft Corp on Monday urged a federal appeals court to reject drugmaker Allergan PLC’s bid to immunize patents from administrative review by transferring them to a Native American tribe, saying such deals are incompatible with Congress’ desire to create a streamlined system for challenging dubious patents.

In an amicus brief, Microsoft asked the U.S. Court of Appeals for the Federal Circuit to affirm a determination by the U.S. Patent Trial and Appeal Board that it could review the validity of transferred patents relating to Allergan’s dry eye medicine Restasis. The patents had been challenged by generic drug companies.

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