Native Tribes’ Sovereign Immunity Extends To Infringement Suits

Two district court decisions have held the Native American tribal organizations have sovereign immunity from infringement lawsuits, even for activities performed off reservations. This has significant implications for both sides of potential disputes, writes Foley & Lardner attorney Justin Sobaje. For tribal organizations, it enhances the opportunities to move into technology-intensive development. For those on the outside who contemplate an infringement suit, one option may be to target direct infringers who are not themselves affiliated with the tribe.