News & Analysis as of

Tribal Governments

Cleared For Takeoff: The UAS Integration Pilot Program Begins!

by LeClairRyan on

The UAS Integration Pilot Program just got its big kick-off, with Department of Transportation Secretary Elaine Chao announcing the state, local, and tribal government partnerships that would form the core of the new effort....more

Trump administration announces first round of UAS Integration Pilot Program Participants

by Hogan Lovells on

In a major development for the commercial unmanned aircraft systems (UAS or drone) industry, U.S. Secretary of Transportation, Elaine Chao, announced the first round of participants in the U.S. Department of Transportation’s...more

Ninth Circuit Determines That George Costanza Was Right!—In Limited Circumstances, Whales And Seals Are Fish (Not Mammals)

Makah Indian Tribe, et al. v. Quileute Indian Tribe et al., 813 F.3d 1157 (9th Cir. 2017). - Defying the universal notion that whales and seals are, in fact, mammals, the Ninth Circuit recently affirmed in part, and...more

U.S. EPA Region 9 Enforcement Priorities Revealed

by Downey Brand LLP on

Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more

Agencies Agree to Speed Environmental Permitting

Effective yesterday, April 10, 2018, seven executive departments, the U.S. Army Corps of Engineers, the Environmental Protection Agency, and the Federal Energy Regulatory Commission have agreed to cooperate for the timely...more

The Federal Circuit Stays IPR Pending Review of the PTAB’s Denial of St. Regis Mohawk Tribe’s Sovereign Immunity

by Knobbe Martens on

The PTAB ruled that the Saint Regis Mohawk Tribe could not assert sovereign immunity in IPRs of patents that Allergan had assigned to the Tribe relating to Restasis®. See The Saint Regis Mohawk Tribe is not entitled to...more

Court Interprets Contract Containing Mandatory De Novo Review Provision Of Arbitration Award

by Carlton Fields on

The Tenth Circuit Court of Appeals determined that an ADR provision of an agreement which called for arbitration, but also indicated that either party may “notwithstanding any provision of law bring an action against the...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

The Creation of the Canadian Energy Regulator

by Bennett Jones LLP on

This article supplements our multi-part series on changes to Canada’s regulatory regime governing project development and operation in Canada. This post summarizes the proposal to establish the Canadian Energy Regulator...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

Amended Child Protection Law Benefits Tribes

by Varnum LLP on

On March 7, Gov. Snyder signed legislation to amend the Child Protection Law, allowing the Michigan Department of Health and Human Services to share information from an Indian child’s protective services case with tribal...more

PTAB Holds Indian Tribes Don’t Offer an Out from IPR

In a highly anticipated decision on the Saint Regis Mohawk Tribe’s motion to terminate inter partes review proceedings, the Patent Trial and Appeal Board rejected tribal sovereign immunity to IPRs. The PTAB’s decision also...more

PTAB Panel Finds Tribal Immunity is Not a Barrier to IPR

In a case that has received significant attention over the past several months, a United States Patent Trial and Appeal Board (PTAB) panel recently concluded that the Saint Regis Mohawk Tribe’s claim of tribal immunity did...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

Sovereign Immunity at the PTAB: Where do we stand?

by Knobbe Martens on

Sovereign Immunity - Sovereign immunity exempts a sovereign from the jurisdiction of a court - States are entitled to sovereign immunity under the 11th amendment Seminole Tribe of Fla v. Florida, 517 U.S. 44 (1996) ...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

New Royalty Valuation Recommendations

by Holland & Hart LLP on

On February 28, 2018, the Royalty Policy Committee (RPC) met in Houston to present recommendations for improving the Department of the Interior's (DOI) valuation of royalties from oil, gas, and coal produced on federal and...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: Tribal Sovereign Immunity Does Not Provide a Basis to Terminate IPRs

by Hogan Lovells on

On February 23, 2018, in a much-anticipated decision, the PTAB ruled that tribal sovereign immunity could not be used to shield certain Allergan Inc. (“Allergan”) patents from review in a number of IPRs. Allergan had assigned...more

Tribal Sovereign Immunity Doctrine Does Not Insulate Tribes From Board Actions

by Jones Day on

In a case of first impression, the PTAB recently decided that the doctrine of tribal sovereign immunity does not apply to inter partes review proceedings. See Mylan Pharmaceuticals Inc. v. Saint Regis Mohawk Tribe,...more

Allergan’s Mohawk Gambit Fails At The PTAB

by Pepper Hamilton LLP on

The Patent Trial and Appeal Board (PTAB) has not taken kindly to a move by the Irish drug company Allergan to shield its key patents on its dry-eye drug Restasis from challenge at the U.S. Patent Office by assigning these...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

Six Tips for Tribal Governments to Reduce Tribal Member Taxes in 2018

by Holland & Knight LLP on

• President Donald Trump on Dec. 22, 2017, signed the Tax Cuts and Jobs Act, the first major overhaul of the U.S. tax system in over 30 years. • Although few of the enacted provisions are specific to Indian Country, several...more

Three Important Memos Affecting EPA Enforcement Actions

by Jackson Walker on

Three memos with potentially important implications for enforcement were recently issued—one by EPA and two by the U.S. Department of Justice (DOJ)....more

U.S. Department of Agriculture Releases 2018 Farm Bill Principles

by Holland & Knight LLP on

Sonny Perdue, secretary of the U.S. Department of Agriculture (USDA), released the Trump Administration's 2018 Farm Bill and Legislative Principles on Jan. 24, 2018. "These principles will be used as a road map. They are our...more

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