The U.S. Court of Appeals for the Federal Circuit has struck down Allergan’s attempt to use tribal sovereignty to avoid a patent challenge on Restasis.
The court affirmed a U.S. Patent Trial and Appeal Board decision that tribal sovereign immunity does not apply to inter partes review proceedings.
Allergan entered a deal with the Saint Regis Mohawk tribe in 2017 in an attempt to protect its patents for the dry eye treatment Restasis (cyclosporine ophthalmic emulsion 0.05%). Six of the patents associated with Restasis were transferred to the tribe in (Read more...)
Uncategorized