PTAB dismisses Native American tribe information request
The Patent Trial and Appeal Board (PTAB) has denied an information request by a Native American tribe, deeming it improper for a number of reasons.
Last week, LSIPR reported that the Saint Regis Mohawk Tribe, which signed a patent deal with Allergan, was requesting information on the PTAB judges overseeing inter partes reviews (IPRs) involving the tribe.
Allergan transferred its patent rights for the dry eye treatment Restasis (cyclosporine ophthalmic emulsion) to the tribe in September 2017.
Soon after, the tribe requested dismissal of the IPRs, which were filed by Mylan, based on the tribe’s sovereign immunity.
The Saint Regis Mohawk Tribe had asked for a hearing on its request for discovery into the “identity and impartiality” of the panel assigned to this case.
However, on Thursday, January 4, the PTAB rejected the January 2 request.
“The tribe’s request for discovery has not been raised in any paper filed with the board,” said the PTAB, stating that because of this failure, the request was not an issue that can be addressed.
The board added that even if the tribe’s request were proper, the time for requesting an oral argument has passed.
“To assist the tribe in complying with our rules, the tribe shall not file any further papers in these proceedings without prior authorisation from the board.”
The PTAB also denied the tribe’s request for authorisation to file a motion for additional discovery into the judges, explaining that the request exceeds the scope of permissible discovery in these proceedings.
According to the board, as the PTAB is not a party to the IPR proceedings, the tribe’s request can be denied for this reason alone.
The tribe said it was 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.
In response, the PTAB said: “But nowhere has the tribe offered anything other than gross speculation as to any of its assertions of alleged impartiality.”
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