The Federal Circuit has granted the St. Regis Mohawk Tribe's motion for stay in inter partes review proceedings before the Patent Trial and Appeal Board, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.  In the Order, the Court notes that the PTAB had scheduled final hearing in the IPR for April 3, 2018, and that the Court had sua sponte ordered expedited briefing in advance of a June 2018 date for oral argument.

The Order also contained this passage, indicating a certain degree of impatience with how the PTAB has observed the jurisdictional niceties:

At this juncture, it appears that the appeals divested the Board of jurisdiction 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 at that time based on further consideration of the merits of the appeals.

The Tribe’s opening brief is due no later than April 18, 2018, and Mylan and the other Petitioners' brief are due no later than May 11, 2018, with the Tribe's Reply brief and the joint appendix due no later than May 18, 2018.  While not specifically mentioned, amicus briefing falls under Federal Circuit Rule 29, wherein briefs will be due one week after the Tribe's brief for amici supporting their position and amici supporting neither party, and one week after Petitioner's brief for its amicus supporters.  Amici must obtain permission of all parties or leave of the court.