Category Archives: Sovereign Immunity

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Defense to Patent Infringement if Acts Were Performed in a “Quasigovernmental” Capacity Pursuant to a Legal Obligation

A recent Federal Circuit opinion highlights a defense that is available to defendants whose alleged infringement occurred through activities that were undertaken for the United States. In particular, where the United States Government requires private parties to perform quasigovernmental functions pursuant to a legal obligation, a patent owner’s exclusive remedy is to bring a claim … Continue reading this entry

Native American Tribes Immune From Patent Infringement Suits

In the near future, Native American tribal organizations might consider expanding operations in many technological areas in view of recent court decisions indicating that tribes enjoy sovereign immunity from patent infringement suits. According to the courts, sovereign immunity applies to Native American tribes even for activities performed off the reservation and regardless of whether the activities … Continue reading this entry