Federal Bill Would Block Patent Deal With Tribe

On October 10th, Sarah Brooks, a shareholder in Stradling's Intellectual Property practice group, spoke with the Daily Journal for an article on regarding a U.S. Senator’s introduction of legislation intended to block Allergan’s transfer of its eye medication RESTASIS patents to the Saint Regis Mohawk tribe. Brooks stated that “Native American tribes have enjoyed sovereign immunity and stronger sovereign immunity than even states, cities or universities.” In addition, Brooks commented that “the proposed legislation aims to weaken the tribe’s sovereign immunity by stating that tribes will not enjoy sovereign immunity for purposes of the review of a U.S. patent. However, states and universities will still maintain their sovereign immunity in this regard.”