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ARTICLE · 04 JUNE 2018

Spotlight On Upcoming Oral Arguments – June 2018

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In this appeal from the PTAB, the Federal Circuit has been asked to consider whether the Saint Regis Mohawk Native American Tribe may assert sovereign immunity in an inter partes review...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., No. 18-1638, Courtroom 201

In this appeal from the PTAB, the Federal Circuit has been asked to consider whether the Saint Regis Mohawk Native American Tribe may assert sovereign immunity in an inter partes review, and whether the Tribe in this case has substantial rights to the patent.  Mylan filed petitions for inter partes review of the patents related to Allergan's drug Restasis, and Allergan assigned the patents to the Saint Regis Mohawk Tribe.  Saint Regis then granted Allergan exclusive field of use rights limited to "licensed products for all FDA-approved uses in the U.S."  Saint Regis then moved to dismiss the inter partes reviews on the basis of sovereign immunity and Allergan moved to withdraw.  Both motions were dismissed by the Board. 

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