Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
Concurring opinion filed by Circuit Judge Dyk.
Moore, Circuit Judge.
*1325Mylan Pharmaceuticals, Inc., petitioned for inter partes review ("IPR") of various patents owned by Allergan, Inc., relating to its dry eye treatment Restasis. Teva Pharmaceuticals USA, Inc., and Akorn, Inc. (together with Mylan, "Appellees") joined. While 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…
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