From the Federal Circuit Court of Appeals:
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
Article discussing the opinion here.
Here is today’s order list.
Cert stage materials in that case are here.
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.
St. Regis Reply
Here is the opinion in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals: