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IP Alert UPDATE: Federal Circuit Issues Stay in Tribal Sovereign Immunity Appeal

March 29, 2018

UPDATE: Yesterday the Federal Circuit granted a request of the Saint Regis Mohawk Tribe and Allergan to stay all proceedings before the Patent Trial and Appeal Board pending their appeal of the PTAB’s decision in February rejecting the tribe’s claim of sovereign immunity and motion to terminate proceedings. See our previous alert on Mylan Pharmaceuticals Inc. et al. v. Saint Regis Mohawk Tribe for background.

The stay will be in effect until the day after oral argument in June 2018. At that time the court will decide whether the stay will remain in effect or will be lifted. The PTAB had previously scheduled a final hearing for April 3, 2018.

Fitch Even attorneys are following this case and will report back with further developments.

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