Allergan’s patent protection deal with Native American tribe fails

Allergan’s patent protection deal with the Saint Regis Mohawk Tribe was struck down by the U.S. Patent Trial and Appeal Board, according to a press release from Mylan, the company that was challenging Allergan’s patents.
In September, Allergan announced it transferred six of its patents for Restasis (cyclosporine ophthalmic emulsion 0.5%) to the New York-based tribe, which in turn motioned to dismiss any patent challenges due to its tribal sovereign immunity.
The PTAB denied the tribe’s appeal on Feb. 23, saying the doctrine of tribal sovereign immunity did not apply (Read more...)

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