Tag Archives: Federal Circuit

No State Sovereign Immunity in Patent Case [Relying on Saint Regis Mohawk Decision]

From the Federal Circuit Court of Appeals: Opinion And, contrary to UMN’s arguments, Saint Regis did not base its reasoning on implied abrogation of tribal sovereign immunity. Instead, Saint Regis concluded that IPR was an agency reconsideration proceeding to which … Continue reading

Posted in Author: Kate E. Fort, sovereign immunity | Tagged , , ,

SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

Here is today’s order list. Cert stage materials in that case are here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Supreme Court | Tagged , , , , ,

Federal Circuit Decides Cloud v. US [Pro Se Indian Tucker Act Claim]

Here is the unpublished opinion in Cloud v. United States. Briefs: cloud-brief.pdf federal-brief.pdf

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , ,

St. Regis Mohawk v. Mylan Pharma Cert Petition

Here: cert-petition-1.pdf Question presented: Whether inter partes review before the Patent Trial and Appeal Board is the type of proceeding in which tribal sovereign immunity may be asserted. Lower court materials here. Update: Mylan BIO St. Regis Reply

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Supreme Court | Tagged , , , , ,

En Banc Petition Materials in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals

Here: En Banc Petition States Amicus Brief University of Minnesota Brief University of New Mexico Amicus Brief Prior posts here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , ,

Federal Circuit Rejects Trust Breach Claim for Water by Crow Creek Sioux Tribe

Here is the opinion in Crow Creek Sioux Tribe v. United States. Briefs: Crow Creek Opening Brief US Response Brief Reply Lower court materials.

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship, water rights | Tagged , , , ,

Federal Circuit Reinstates Tucker Act Claim re: Keepseagle Settlement

Here is the opinion in LaBatte v . United States. Briefs: LaBatte Brief US Brief Reply Lower court materials here. D.C. Circuit proceedings here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, trust relationship | Tagged , , , ,

Federal Circuit Rejects Tribal Immunity in Patent Litigation

Here is the opinion in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals: 18-1638.opinion.7-20-2018 Briefs here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , ,

Federal Circuit Briefs in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals

Here: Opening Brief filed Appellee Brief Filed R Street amicus Amicus Brief of United States amicus HTIA

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , ,

Federal Circuit Stays PTAB Tribal Immunity Decision

Here are the materials in St. Regis Mohawk Tribe v. Mylan Pharmceuticals: Motion for Stay Opposition Stay of PTAB Decision

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , ,