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"Challenge of Allergan tribal patent deal in uncharted legal territory" (reuters)

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source - https://www.reuters.com/article/us-allergan-patents/challenge-of-allergan-tribal-patent-deal-in-uncharted-legal-territory-idUSKCN1BP31A

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Last week, Allergan announced it would transfer the patent rights to its Restasis dry-eye treatment to the Saint Regis Mohawk Tribe, which will license them back to the company in exchange for ongoing payments.

Allergan says the tribe’s sovereign immunity puts the patents beyond the authority of the Patent Trial and Appeal Board, an administrative court created in 2012 that can cancel patents.

But Richard Torczon, a lawyer for generic drug company Mylan NV, said the tribe is abusing the defense of sovereign immunity, which he said is intended to shield tribes that get dragged into court without their consent.
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f6Hxn.jpg

 

If this becomes a trend and is not struck down or somehow addressed by the government we are so fucked.

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Good news for a change?
https://www.fiercepharma.com/legal/allergan-s-controversial-tribal-licensing-pact-falls-short-ptab-scrutiny

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On Friday, the Patent Trial and Appeal Board struck down a motion by the tribe to dismiss the review. The tribe argued that sovereign immunity exempted it from the patent challenge at the Patent and Trademark Office, but the board didn't buy the argument.

PTAB said the tribe failed to establish that immunity stretches to inter partes reviews. Plus, it concluded that because Allergan still has a commercial interest in Restasis, the review can proceed, according to a release from Mylan, which filed the challenge. The generic drugmaker said an oral hearing is set to take place on April 3.

 

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