ARTICLE | Politics & Policy

Next stop for Tribe's PTAB sovereign immunity case could be Supreme Court

October 23, 2018 9:32 PM UTC

The Saint Regis Mohawk Tribe told BioCentury it is considering its options after the U.S. Court of Appeals for the Federal Circuit (CAFC) Monday rejected a bid from the tribe and Allergan plc (NYSE:AGN) requesting an en banc rehearing of their patent case in front of the full CAFC. One available option is to petition the U.S. Supreme Court to review the case, although the tribe declined to comment on whether it plans to appeal to SCOTUS.

The tribe said Tuesday it continues “to maintain that court’s decision declaring an IPR inaction by the U.S. is not supported by the statute."...