Sughrue Mion Client, Akorn, Inc., Receives Great News In Long-Standing IPRs Against St. Regis Mohawk Tribe

In September, 2017, the Saint Regis Mohawk Tribe moved to terminate six pending inter partes reviews (IPRs), brought by Mylan Pharmaceuticals, Inc. and joined by Teva Pharmaceuticals USA, Inc. and Akorn, Inc., on the basis of sovereign immunity. In a February, 2018 decision, the PTAB denied the motion. Upholding the PTAB ruling that tribal sovereign immunity does not apply to IPRs, the United States Court of Appeals for the Federal Circuit affirmed the PTAB's denial of the Tribe's motion last Friday, breaking the almost year-long stalemate and clearing the way for a final hearing. Sughrue partners Mike Dzwonczyk and Mark Boland represent Akorn, Inc. on this matter and the counterpart appeal from the District Court litigation in the Eastern District of Texas. Congratulations on this major client victory!