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Tribal Patent Pacts An 'Assault' On IPR System, Fed. Circ. Told

Law360 (May 15, 2018, 9:50 PM EDT) -- Several generic drug companies have urged the Federal Circuit to uphold the Patent Trial and Appeal Board’s finding that it could reevaluate patents for the dry-eye drug Restasis, in spite of Allergan’s decision to transfer its intellectual property to the Saint Regis Mohawk Tribe and invoke sovereign immunity to avoid inter partes review.

When Allergan Inc. still held rights to the patents in 2015, it sued Mylan Pharmaceuticals Inc., Teva Pharmaceuticals USA Inc. and Akorn Inc. for infringement in Texas federal court in an effort to...
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