Abstract
This Comment will address two primary issues. First, it will analyze the basis of sovereign immunity rights of tribes, with a focus on the relationship between intellectual property rights and sovereignty. Second, it will discuss whether this arrangement violates the antitrust laws of the United States. This Comment concludes that even if a claim of tribal sovereign immunity is legitimate, it is likely that such an arrangement still violates the relevant antitrust claims.
Repository Citation
Samantha Roth,
Tribal Sovereign Immunity as a Defense at the Patent Trial and Appeal Board? Or a Violation of U.S. Antitrust Laws?,
23 Marq. Intellectual Property L. Rev. 57
(2019).
Available at: https://scholarship.law.marquette.edu/iplr/vol23/iss1/5
Included in
Antitrust and Trade Regulation Commons, Constitutional Law Commons, Food and Drug Law Commons, Health Law and Policy Commons, Indigenous, Indian, and Aboriginal Law Commons, Intellectual Property Law Commons, Science and Technology Law Commons