`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`SAINT REGIS MOHAWK TRIBE, ALLERGAN, INC.,
`Appellants,
`
`v.
`
`MYLAN PHARMACEUTICALS INC., TEVA
`PHARMACEUTICALS USA, INC., AKORN, INC.,
`Appellees.
`______________________
`
`2018-1638, -1639, -1640, -1641, -1642, -1643
`______________________
`
`Appeals from the United States Patent and Trade-
`mark Office, Patent Trial and Appeal Board in No.
`IPR2016-01127,
`IPR2016-01128,
`IPR2016-01129,
`IPR2016-01130,
`IPR2016-01131,
`IPR2016-01132,
`IPR2017-
`00599,
`IPR2017-00576,
`IPR2017-00578,
`IPR2017-00579,
`IPR2017-00583,
`IPR2017-00585,
`IPR2017-00586,
`IPR2017-00594,
`IPR2017-00596,
`IPR2017-00598, IPR2017-00600, IPR2017-00601.
`______________________
`
`ON MOTION
`______________________
`
`
`PER CURIAM.
`
`O R D E R
`
`
`
`
`
`
`
`Case: 18-1638 Document: 42 Page: 2 Filed: 03/28/2018
`
`
`
` SAINT REGIS MOHAWK TRIBE v. MYLAN PHARMACEUTICALS INC. 2
`
`In this case, Saint Regis Mohawk Tribe notified the
`
`Patent Trial and Appeal Board that it had acquired the
`patents at issue in these inter partes reviews from Aller-
`gan, Inc. and moved to terminate all proceedings based on
`the Tribe’s sovereign immunity. The Board rejected the
`Tribe’s claim of sovereign immunity, found that the
`proceedings could continue against Allergan, and declined
`to stay proceedings. The Board has scheduled a final
`hearing for April 3, 2018. The Tribe and Allergan have
`appealed from the Board’s rejection of the Tribe’s sover-
`eign immunity claim and motion to terminate proceedings
`and all issues raised therein, and have moved for this
`court to stay all proceedings before the Board pending
`their appeals. The appellees oppose the motion. This
`court sua sponte expedited briefing on the merits and
`scheduled oral argument for June 2018.
`Upon consideration thereof,
`IT IS ORDERED THAT:
`Appellants’ motion for a stay is granted until the day
`after oral argument in June 2018. At this juncture, it
`appears that the appeals divested the Board of jurisdic-
`tion over the aspects of the case on appeal, see Griggs v.
`Provident Consumer Discount Co., 459 U.S. 56, 58 (1982);
`Princz v. Fed. Republic of Ger., 998 F.2d 1 (D.C. Cir. 1993)
`(appeal from denial of motion to dismiss on grounds of
`sovereign immunity divests district court of jurisdiction
`over entire case); Apostol v. Gallion, 870 F.2d 1335 (7th
`Cir. 1989); accord In re Graves, 69 F.3d 1147, 1149 (Fed.
`Cir. 1995), and that exclusive jurisdiction to resolve the
`threshold issue of whether these proceedings must be
`terminated vests in this court, and that the Board may
`not proceed until granted leave by this court. The stay
`shall remain in effect until the day after oral argument in
`the appeals in June 2018. The court will address whether
`the stay shall remain in effect or whether it will be lifted
`
`
`
`
`
`Case: 18-1638 Document: 42 Page: 3 Filed: 03/28/2018
`
` SAINT REGIS MOHAWK TRIBE v. MYLAN PHARMACEUTICALS INC. 3
`
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` FOR THE COURT
`
`
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`
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`at that time based on further consideration of the merits
`of the appeals.
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`
` /s/ Peter R. Marksteiner
`Peter R. Marksteiner
` Clerk of Court
`
`
`s19
`
`
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