Tribes immune from patent infringement suits
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 authority. The court granted a motion to dismiss the action against the tribe’s business development authority because the business development authority was an arm of the Native American tribe and, therefore, entitled to sovereign immunity. The court indicated that the immunity applies regardless of whether the business development authority was engaging in activity off the reservation or whether the activity was commercial in nature.