A Novel Defense To Patent Litigation

The Rocket Docket

We’re proud to call Plano, TX home. Part of being in Plano means that we are located in the Eastern District of Texas. For years, the Eastern District has been the go-to venue for patent litigation. Indeed, the venue, known for their “Rocket Docket”, is home to nearly 25% of all patent litigation that is filed. A Supreme Court decision from earlier this year may change that, but in the meantime, companies are continuing to develop novel ways to protect, assert, and defend their patents.

Patent Defense Through Sovereign Immunity

I recently read about a move by Allergan to better protect their RESTASIS® patents. Essentially, they transferred their patents to the Saint Regis Mohawk Tribe. The Tribe is not subject to inter partes review due to sovereign immunity.

This is a novel move on the part of Allergan that gives them the same defensive mechanisms available to state-owned universities. Ultimately, whether or not this is good or bad remains to be seen. But I imagine we’ll be seeing other patent owners reach similar deals in the near future.

Why am I boring you with this?

How does this relate to what I do as a lawyer? It doesn’t – at least not directly. But this particular legal maneuvering struck home because the very last credit I earned to get my law degree was based on a paper I wrote regarding patents and sovereign immunity.

If you’ve got patent questions, or any other intellectual property questions, I’d be happy to discuss them with you. Give our office a call to schedule an appointment.



Please be advised that nothing in this post constitutes legal advice. Every situation is different and consultation with an attorney is recommended to evaluate your specific needs. This post also does not create an attorney-client relationship with Saraiya Pllc or any of its attorneys. An attorney-client relationship can only be formed after a consultation with one of its attorneys, the firm has run a conflicts check, and a legal services agreement has been fully executed by you and Saraiya Pllc.
Bimal Saraiya
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