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Tribe Bought Patents With Immunity Promise, Allergan Says

Law360, New York (October 11, 2017, 2:46 PM EDT) -- The Saint Regis Mohawk Tribe agreed to assert immunity during patent challenges and extend that immunity to Allergan Inc. in exchange for Allergan giving it ownership of patents protecting the dry eye treatment Restasis, the drugmaker said Tuesday after a federal judge in Texas told it to prove the deal wasn’t a “sham.”

The tribe agreed not to waive its sovereign immunity when facing challenges at the U.S. Patent and Trademark Office, including inter partes reviews, or during other administrative proceedings trying to invalidate the drug’s...
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