; or (B) a review by a court of the United States with respect to a decision reached in a proceeding described in subparagraph (A). (3) Immunity of foreign states If a patent owner is a foreign state, for the purposes of any review described in paragraph (2)(A), the Patent Trial and Appeal Board shall determine whether the patent owner is immune from the jurisdiction of the Patent Trial and Appeal Board, in accordance with chapter 97 of title 28 as if the Patent Trial and Appeal Board were a court of the United States. (4) Limitation This subsection shall apply only to the extent permitted under the 11th amendment to the Constitution of the United States. . (b) Amendments to the Tariff Act of 1930 Section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ) is amended by adding at the end the following: (o) Abrogation of tribal sovereign immunity (1) Definitions In this subsection— (A) the term covered person — (i) means a person; and (ii) includes— (I) an Indian tribe; and (II) any other person that claims immunity on account of the sovereign status of an Indian tribe; and (B) the term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (2) Abrogation In any proceeding under this section, no covered person may assert as a defense the sovereign immunity that is accorded to an Indian tribe. . (c) Technical and conforming amendment The table of sections for chapter 29 of title 35, United States Code, is amended by striking the item relating to section 296 and inserting the following: 296. Liability of States, instrumentalities of States, State officials, and Indian tribes for infringement of patents. .