News & Analysis as of

Indigenous Peoples Civil Procedure

Read Indigenous Peoples Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

University of Minnesota’s and Toyota’s Claims Held Unpatentable after Minnesota is Dismissed from IPR

by Knobbe Martens on

The University of Minnesota (UMinn) and Toyota Motor Corp. (Toyota) co-own U.S. Patent 8,394,618 (the ’618 patent). After Reactive Surfaces Ltd. filed a petition for IPR of the ’618 patent, UMinn and Toyota filed a motion to...more

3rd Circuit Invalidates Arbitration Provision on Consumer Loan Due to Illusory Arbitral Forum

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Third Circuit recently found a consumer loan agreement’s arbitration provisions were unenforceable because: (i) the arbitral forum designated by such provisions’ forum selection clause was...more

Weekly Update Newsletter - March 2018 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - San Diego Communications Company Pays More Than $12 Million to Settle False Claim Act Allegations Regarding Eligibility for Small Business Innovation and Research Contracts - According to a news...more

Patent IPRs and Allergan’s Sovereign Immunity Defense

In an age of rising healthcare costs, pharmaceutical companies can be an easy target in calls for patent reform. Patent protection helps drug manufacturers recoup their investment in developing the new drug,. It also...more

St. Regis Mohawk Tribe (and Allergan) File Motion to Preclude PTAB Final Written Decision in IPR

The St. Regis Mohawk Tribe and Allergan filed a joint motion late last week before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB), arguing that its Notice of Appeal divested the Board of...more

Supreme Court says Congress can stop lawsuit that threatens Tribes casino

by Hogan Lovells on

The Supreme Court, in a 6-3 decision last Tuesday affirmed the judgment of the United States Court of Appeals for the District of Columbia in Patchak v. Zinke, holding that Congress through the Gun Lake Act, which reaffirms...more

The Saint Regis Mohawk Tribe is not entitled to Sovereign Immunity at the PTAB

by Knobbe Martens on

The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe...more

PTAB Opines Tribal Sovereign Immunity Does Not Apply to IPRs

Last week, in a case of first impression, the PTAB held that the doctrine of tribal sovereign immunity does not apply to IPRs. Mylan Pharm. Inc., et al. v. Saint Regis Mohawk Tribe, Case IPR2016-01127 (and related cases). ...more

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

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...more

US Patent Office refuses to apply doctrine of tribal immunity as a defense in inter partes review proceedings

by Dentons on

A unanimous three-judge panel of the Patent Trial and Appeal Board (PTAB) ruled on Friday, February 23, 2018 (Decision), that the doctrine of tribal immunity does not apply, as a non-statutory defense, to inter partes review...more

PTAB Rejects Tribal Immunity Proceedings - Decision Stands as Firm Rejection of Strategy of Transferring Patents to an Indian...

by Morrison & Foerster LLP on

On February 23rd, 2018, a panel of the Patent Trial and Appeal Board (PTAB or “Board”) decided that: (1) Indian tribal sovereignty did not apply to post-grant proceedings established under the America Invents Act (AIA) and...more

Supreme Court Decides Patchak v. Zinke

by Faegre Baker Daniels on

On February 27, 2018, the Supreme Court of the United States decided Patchak v. Zinke, No. 16-498. No opinion commanded a majority of the Court, but six justices concluded that the plaintiff’s lawsuit under the Indian...more

The Supreme Court - February 27, 2018

by Dorsey & Whitney LLP on

Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784: Prior to filing for Chapter 11 Bankruptcy, Valley View Downs, which sought to operate a racetrack casino in Pennsylvania, transferred $55 million to its...more

Tribal Sovereign Immunity a No-go in Allergan IPR

by Workman Nydegger on

The Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) recently rejected the sovereign immunity claim asserted in the inter partes review (IPR) proceedings between Mylan...more

PTAB Denies St. Regis Mohawk Tribe's Motion to Terminate IPRs based on Sovereign Immunity

In an extensive, 42-page per curiam opinion, the Patent Trial and Appeal Board (PTAB) surprised no one last Friday by denying the St. Regis Mohawk Tribe's motion to terminate several inter partes review proceedings based on...more

Supreme Court to Decide Future of Sports Betting: Implications for Tribal Casinos

by WilmerHale on

The Supreme Court’s forthcoming decision in Christie v. National Collegiate Athletic Association (Nos. 16-476, 16-477) will have profound implications for sports betting in the United States and will potentially open the door...more

PA Corrupt Organizations Act Claims against “Rent-a-Bank” Loan Investors Dismissed

by Weiner Brodsky Kider PC on

The U.S. District Court for the Eastern District of Pennsylvania recently dismissed Pennsylvania Corrupt Organizations Act claims against an investor and its affiliate for their involvement with high-interest consumer loans...more

Passive Investors in Payday Lending Operations Get Partial Reprieve

While tossing certain claims brought by Pennsylvania’s attorney general, a federal judge denied part of a motion to dismiss brought by online short-term lenders in an action accusing them of “renting” Native American tribes...more

British Columbia Supreme Court Orders First Nation to Disclose Impact Benefit Agreements

by Bennett Jones LLP on

The recent decision by the Supreme Court of British Columbia (BCSC) in Yahey v British Columbia (2018 BCSC 123, 25 January 2018) offers interesting insight into the circumstances in which benefit sharing agreements and...more

American Citizen Secures Aboriginal Rights in Canada

The British Columbia Supreme Court (BCSC) affirmed in R. v. DeSautel (DeSautel) that the constitutional protection of aboriginal rights in s. 35 of the Constitution Act, 1982 extends to an aboriginal group that resides in the...more

Amicus Briefs Filed in Mohawk Tribe's Motion to Dismiss IPRs

In what everyone (including the Patent Trial and Appeal Board) considers an unprecedented administrative action, the PTAB late last year set our an order (Patent Trial and Appeal Board's Order, 2017 WL 5067421, P.T.A.B. Nov....more

Limitations Period Doesn't Apply to Tribal Claim for Mismanagement of Trust Funds - Court of Federal Claims Ruling May Expand...

by Holland & Knight LLP on

• A decision by the Court of Federal Claims has important implications for breach of trust claims involving tribal trust funds. • Most claims for mismanagement of tribal trust resources are limited to the six-year period...more

The PTAB Strikes Back -- Issues Order Prohibiting St. Regis Mohawk Tribe from Filing Any Additional Papers in IPR

As previously reported, the St. Regis Mohawk Tribe filed a request for oral hearing that included a "request for discovery into the identity and impartiality of the merits panel assigned to this case." The paper was replete...more

Skeptical St. Regis Mohawk Tribe Requests Discovery Regarding Panel Selection Circumstances

The creation of adversarial procedures before the Patent Trial and Appeal Board under the Leahy-Smith America Invents Act (post-grant review, inter partes review, and covered business methods review) has raised a number of...more

Expanded PTAB Panel Finds Sovereign Immunity Waived By Patent Enforcement

by Foley & Lardner LLP on

In a case of first impression, an expanded PTAB panel (including Chief APJ Ruschke) found that a parallel enforcement action by a patent owner waives its sovereign immunity defense against under the 11th Amendment an AIA...more

249 Results
View per page
Page: of 10

Follow Indigenous Peoples Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.