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PTAB Revokes Filing Privileges For Repeated Rules Violations, PTAB Litigation Blog

January 2018

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In September 2017, Saint Regis Mohawk Tribe moved to dismiss six instituted trials on petitions filed by Mylan Pharmaceuticals Inc. Those petitions challenged six patents that, at the time the petitions were filed, belonged to Allergan, Inc. The Tribe argued that on "September 8, 2017, Allergan, Inc. assigned all six Patents-at-Issue in this case to the Tribe." And that the "Tribe concurrently granted back an exclusive limited field-of-use license." The Motion argued that because Mylan "cannot show that Congress has ‘unequivocally’ authorized this suit or that the Tribe has clearly and expressly waived its immunity, th[e] action must be dismissed." This Tribe’s motion has been of significant interest to many, with fifteen amicus briefs having been filed on request of the Board.

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