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.

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 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