As we previously reported, following the Federal Circuit’s ruling in St. Regis Mohawk Tribe v. Mylan that “tribal immunity cannot be asserted in IPRs,” Allergan and the Tribe petitioned for rehearing en banc. The petition was first referred to the panel that heard the appeal as a petition for rehearing, and was then referred as a petition for rehearing en banc.
Today, the Federal Circuit denied the petitions for panel rehearing and rehearing en banc. The mandate of the court’s ruling will issue on October 29, 2018.