Native American tribe seeks information on PTAB judges
A Native American tribe that has signed a patent deal with Allergan has requested information on the Patent Trial and Appeal Board (PTAB) judges overseeing inter partes reviews (IPRs) involving the tribe.
The Saint Regis Mohawk Tribe filed its request (pdf) on Tuesday, January 2, asking for a hearing on its request for discovery into the “identity and impartiality” of the panel assigned to this case.
According to the request, the tribe is concerned that “political or third-party pressure” may have been asserted to reach an outcome inconsistent with the binding US Supreme Court and US Court of Appeals for the Federal Circuit precedents.
The PTAB panel will decide whether the patents that the tribe acquired in September are shielded from review because of the tribe’s sovereign immunity.
Allergan transferred its patent rights for the dry eye treatment Restasis (cyclosporine ophthalmic emulsion) to the tribe.
The tribe then attempted to have the IPRs, which were filed by Mylan, dismissed based on sovereign immunity. Mylan responded by claiming that the deal was a “desperate” and “transparent” delay tactic.
LSIPR previously reported on whether the controversial deal was a stroke of genius or a misuse of sovereign immunity.
In October, the US District Court for the Eastern District of Texas, Marshall Division invalidated several Allergan patent claims at the centre of dispute.
Circuit Judge William Bryson claimed that Allergan’s licensing deal could spell the end for IPRs.
In response to Mylan’s attempts to stop dismissal of the IPRs, the Native American tribe claimed that Mylan has not “articulated any coherent legal theory to support their oft repeated allegation that this transaction is a sham”.
Now, the Saint Regis Mohawk Tribe has raised concerns because US Congress has expressed an interest in this case and held hearings concerning the proceedings.
In November, the House Judiciary Committee’s subcommittee on IP took part in a hearing on sovereign immunity. LSIPR reported on the testimony provided by the tribe and four experts on patent law.
“There is also a strong possibility that the merits panel has been expanded to include US Patent and Trademark Office (USPTO) executives, including Chief Judge David Ruschke, a person who has made prior public comments on the issue of sovereign immunity and this case,” claimed the tribe.
It added that the USPTO has a financial interest in the outcome of the case because it could have a “non-trivial impact” on the fees collected for IPRs.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
