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 sovereign immunity does not apply in the first instance. 896 F.3d at 1329. This reasoning applies equally to states as it does to
tribes.

Article discussing the opinion here.

SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

Here is today’s order list.

Cert stage materials in that case are here.

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Here is the unpublished opinion in Cloud v. United States.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

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

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.

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.

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.

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.

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

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