Analysis

Allergan IP Deal With Tribe Could Have Big Impact On PTAB

Law360, New York (September 15, 2017, 7:35 PM EDT) -- Allergan PLC's attempt to use a Native American tribe’s sovereign immunity to shield patents for its best-selling eye drug from inter partes review raises new questions for the Patent Trial and Appeal Board and concerns that similar deals could negatively impact the market for generic drugs.

The Irish drugmaker last week announced a deal where it sold patents for Restasis to the Saint Regis Mohawk Tribe, then licensed the patents back, in an attempt to use the tribe’s sovereign immunity to protect the patents from review...
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