St. Regis Mohawk Tribe and Allergan Appeal Denial of Motion to Dismiss on Sovereign Immunity Grounds

By Kevin E. Noonan — Clearly wishing to maintain the momentum and initiative in its inter partes review proceedings before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, the St. Regis Mohawk Tribe and Allergan jointly filed a Notice of Appeal to the Federal Circuit yesterday under 35 U.S.C. § 141, 28 U.S.C. § 1295(a)(4)(A), and 37 C.F.R. § 90.2 for the PTAB's decision denying the Tribe's Motion to Dismiss IPRs in those patents assigned to the Tribe by Allergan last fall. The parties indicated in a footnote that Allergan was identified as a "patent…

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