Never ones to give up easily, Allergan and the Mohawks filed a motion earlier this month to preclude the PTAB’s decision pursuant to the 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 jurisdiction over the inter partes review proceedings related to the Tribe’s patents obtained by assignment by Allergan, and thus that the Board can no longer proceed to Final Written Decision in any of these IPRs. In the alternative, the Tribe argues that the Board should suspend the IPRs under 37 C.F.R. ยง 42.5(a) pending Federal Circuit review, because “the issues raised in [these proceedings] are important matters of first impression not contemplated by the statutory scheme.”
According to market chatter the IPR will be stayed until a day after the Federal Circuit Court hears arguments; this could take place in June. Below I will lay two likely outcomes and how they could impact AGN.
