Analysis

Things To Consider Before A Patent Deal With A Tribe

Law360, New York (September 27, 2017, 8:06 PM EDT) -- Following news of Allergan PLC’s surprise licensing deal with a Native American tribe, other companies could be considering similar arrangements in hopes of shielding their patents from review at the Patent Trial and Appeal Board. But there may be reasons for pause, experts said.

The Irish drugmaker made waves earlier this month when it sold patents for the eye drug Restasis to the Saint Regis Mohawk tribe in New York and then licensed them back. It contends that as a sovereign nation, the tribe is immune to patent challenges in inter partes review at the Patent Trial and Appeal Board....

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