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 are commercial in nature. Practitioners should be aware of the possibility for such a trend and consider the implications for litigation, including assessing the possibility of lawsuits against alternative direct infringers who may be unaffiliated with the tribe.

In Home Bingo Network v. Multimedia Games, Inc., 2005 U.S. Dist. LEXIS 34238 (N.D.N.Y Aug. 30, 2005), a patent infringement claim was alleged against a Native American tribe's business development...