Tribe Not Immune From Restasis IP Challenges, PTAB Says

Law360 (February 23, 2018, 10:49 PM EST) -- The Patent Trial and Appeal Board ruled Friday that tribal sovereign immunity does not apply to inter partes reviews and dismissed a motion from the Saint Regis Mohawk Tribe to toss generics companies' challenges to patents for the dry-eye drug Restasis, which Allergan Inc. sold to the tribe last year.

The controversial September deal — in which Allergan sold the six patents being challenged by Mylan Pharmaceuticals Inc., Teva Pharmaceuticals USA Inc. and Akorn Inc. but licensed them back so it could continue to control the sale of Restasis — was based on Allergan’s theory that tribal immunity shields the patents...

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