Analysis

Restasis Ruling Could Be Bad Sign For Tribal Patent Pacts

Law360, New York (October 17, 2017, 9:59 PM EDT) -- Allergan suffered a major setback when a federal judge invalidated parts of four patents for the dry-eye drug Restasis, but the judge’s concerns about striking a deal with a Native American tribe to shield the patents from review at the Patent Trial and Appeal Board could reverberate beyond the East Texas courtroom.

Senior U.S. Circuit Judge William Bryson, sitting by designation in the Eastern District of Texas, ruled Monday that all the asserted claims in four patents that Allergan PLC accused Mylan Inc. and other generic-drug makers of infringing were invalid because they would have been obvious.

The ruling was a...

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