Federal Circuit Issues Stay in St. Regis Mohawk Tribe Sovereign Immunity Appeal

By Kevin E. Noonan — The Federal Circuit has granted the St. Regis Mohawk Tribe's motion for stay in inter partes review proceedings before the Patent Trial and Appeal Board, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. In the Order, the Court notes that the PTAB had scheduled final hearing in the IPR for April 3, 2018, and that the Court had sua sponte ordered expedited briefing in advance of a June 2018 date for oral argument. The Order also contained this passage, indicating a certain degree of impatience with how the PTAB has observed the jurisdictional niceties:…Original Article