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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...
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