United States Federal Circuit

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Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., 18-1638

Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding.

Appellate Information

  • Decided
  • Published 2018/07/20


  • Moore


  • United States Federal Circuit