SAINT REGIS MOHAWK TRIBE V. MYLAN PHARMACEUTICALS INC.
- Jul 23 2018 |
- Category: CAFC Updates
Mylan petitioned for inter partes review of various patents owned by Allergan relating to its dry eye treatment Restasis. Teva Pharmaceuticals USA, Inc., and Akorn, Inc. (together with Mylan, “Appellees”) joined. While the IPR was pending, Allergan transferred title of the patents to the Saint Regis Mohawk Tribe, which asserted sovereign immunity. The Board denied the Tribe’s motion to terminate on the basis of sovereign immunity and Allergan’s motion to withdraw from the proceedings. Allergan and the Tribe appeal, arguing the Board improperly denied these motions. The CAFC affirms. Judge Dyk issued a concurring opinion.