PTAB Denies St. Regis Mohawk Tribe’s Motion to Terminate IPRs based on Sovereign Immunity

By Kevin E. Noonan — In an extensive, 42-page per curiam opinion, the Patent Trial and Appeal Board (PTAB) surprised no one last Friday by denying the St. Regis Mohawk Tribe's motion to terminate several inter partes review proceedings based on the Tribe's assertion of tribal sovereign immunity. In an effort to avoid undue suspense, the Board provided a pithy summary of its decision at the beginning of the opinion: Upon consideration of the record, and for the reasons discussed below, we determine the Tribe has not established that the doctrine of tribal sovereign immunity should be applied to these…Original Article