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Patents, the Constitution and Sovereign Immunity
Tuesday, November 28, 2017 | 6:00 p.m. - 8:30 p.m.

There is no fee for this event; please sign in to register.

A panel will discuss two current issues in patent law with broader implications:
I. The Supreme Court case, Oil States Energy Services LLC v. Greene’s Energy Group LLC. The issue before the Supreme Court is whether the inter partes review proceeding ("IPR") in the Patent and Trademark Office violates the Constitution because it allows the Patent and Trademark Office, a non Article III forum without a jury, to extinguish property (patent) rights.
The case is scheduled for argument on November 27; and 2. Allergan's assignment of its patents to a Native American tribe, with a license back to Allergan, as a means to claim sovereign immunity and thus avoid an IPR proceeding challenging the validity of Allergan's patents.

James R. Klaiber, Counsel, Hughes Hubbard & Reed
Jason Koral, Partner, Press Koral
James R. Major, Associate, Lucas & Mercanti
William R. Weinstein, Principal, Law Offices of William R. Weinstein

Janet B. Linn, Eaton & Van Winkle, moderator

Sponsoring Association Committee:
Patents Committee, Philip Hirschhorn, Chair

Co-Sponsoring Association Committee:
Federal Courts Committee, Laura G. Birger


42 West 44th Street
New York, NY 10036


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