Border Summit and Patent Project on Agenda of October Tribal Council Meeting

(Akwesasne) The St. Regis Mohawk Tribal Council held their monthly public meeting this Saturday, October 14th to present updates on the recent Northern Border Summit and the Patent Project. Two-dozen community members were present.

Chief Eric Thompson chaired the meeting and gave an update on the success of the Northern Border Summit held August 20-21 at Shakopee’s Mystic Lake Casino and Hotel in Shakopee, Minnesota. The

St. Regis Mohawk Tribe partnered with the Kootenai Tribe of Idaho to hold the summit.

According to Chief Thompson, the 1-day event brought native leaders from the US and Canada together to discuss common issues relating to border crossing. He noted that while a lot of these communities have fairly standard issues when it comes to the border, others, like the Blackfoot Confederacy, share Akwesasne’s unique situation by having territories and communities on both sides of the US/Canada border.

With two new federal administrations in power to the north and south, it was time for an update on border policies. Of particular concern were requirements for “Green Cards” for First Nations people from Canada seeking work in the United States. There was discussion about enhanced tribal identification cards, sacred objects, and commerce.

Chief Thompson was encouraged by the fact that the attendees want to form a coalition to continue working on these matters. A future summit was proposed to be held on Akwesasne territory, perhaps on Kawehnoke (Cornwall Island) where border difficulties are a fact of everyday life for residents.

Thompson noted that Canadian officials were invited to attend the summit but could not get the necessary permissions to travel to the United States in time.

A community member recommended that the St. Regis Mohawk Tribal Council put out a joint statement with their counterparts north of the international border, the Mohawk Council of Akwesasne, to clarify the “Green Card” situation for local residents. Chief Thompson gave assurances that this will remain a top priority for the council.

Also on the agenda for the monthly meeting was a report on the “Patent Project” that has been making international news for the St. Regis Mohawk Tribal Council in the last month.

General Counsel Dale White gave an overview of the project with the assistance of lawyers Owen Herne and James T. Meggesto. As Indian Time has reported, the St. Regis Mohawk Tribe is now the owner of patents to Restasis, a dry eye medication developed by Allergan.

The multi-million dollar deal between the Tribe and Allergan came under fire in the news media and in Washington DC almost immediately. The St. Regis Mohawk Tribal Council’s legal team has responded to “false allegations” in media reports. They have also countered the attempt by a handful of US Senators to have the federal government abrogate tribal sovereign immunity over this issue.

Presentation highlights:

On September 8, the St. Regis Mohawk Tribe concluded agreement with Allergan Pharmaceutical:

• Tribe obtained ownership of five patents (RESTASIS eye drops.)

• Tribe received lump sum payment of $13.5 million. (8 million of which was wired

immediately.)

• Future annual payments of $15 million per year through 2024 contingent on the continued validity of the patents.

Tribe has moved for dismissal of the US Patent Appeal Board (IPR) proceeding:

• Opposing parties (Mylan, TEVA and Akron) filed a response

• Tribe has until 10/20 to file a reply pleading

There has been considerable media coverage of the transaction between the Tribe and Allergan.

The transaction has also caught the attention of Congress:

• In late September four US Senators sent a letter requesting Senate Judiciary investigation.

• House Oversight Government Reform Committee has started an investigation.

• House Judiciary Committee on Courts, Intellectual Property has scheduled a hearing for October 24 on doctrine of sovereign immunity.

• On October 5, Senator Claire McCaskill introduced legislation to abrogate sovereign immunity of tribes as a defense in Patent IPR proceedings.

Tribal Council responses:

• Issued clarifying press release.

• Participated in many media interviews.

• Taped interview with CNBC on Friday.

• Met with members of Congress in Washington DC.

• Met with United South and Eastern Tribes (USET).

• Requested resolution from National Congress of American Indians (NCAI).

Community members asked if the Tribe was “cashing in” its sovereign immunity to the highest bidder, to which attorney Owen Herne replied, “Part of sovereignty is exercising your rights.”

Community members also asked if this new money would prompt the state and federal governments to cut back on services to Akwesasne. Chief Beverly Cook replied that this is already happening with or without a patent deal in place.

The presentation and discussion lasted well over an hour. It appeared that the presenters addressed a lot of community anxiety about the patents issue.