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Allergan (Restasis) ruling casts doubt on tribal patent strategy
Source: Reuters
#BUSINESS NEWS OCTOBER 17, 2017 / 6:10 PM / UPDATED AN HOUR AGO
Allergan ruling casts doubt on tribal patent strategy
Jan Wolfe
5 MIN READ
(Reuters) - A U.S. judge’s ruling on Monday invalidating Allergan Plc’s (AGN.N) patents on its blockbuster $1.5 billion dry-eye medicine, Restasis, has cast doubt on the company’s novel strategy to enlist a Native American tribe to help shield those patents from challenge by generic drugmakers, legal experts said.
In a deal announced last month, Allergan transferred the Restasis patents to New York state’s Saint Regis Mohawk Tribe, claiming the group’s status as a sovereign nation meant the patents could not be reviewed by the U.S. patent office.
Allergan said the move was justified because the same patents were already being reviewed in federal court, but critics said it was a cynical attempt to prolong the company’s monopoly on Restasis.
The federal judge, William Bryson, expressed concerns about the legitimacy of the tribal transfer, calling it a ploy by Allergan to “rent” the tribe’s sovereign immunity.
He did not rule directly on whether the transfer was legal, however, because that question was not squarely before him. But his decision on Monday rendered Allergan’s move largely meaningless, since he invalidated the Restasis patents himself instead of waiting for the patent office to rule.
-snip-
Allergan ruling casts doubt on tribal patent strategy
Jan Wolfe
5 MIN READ
(Reuters) - A U.S. judge’s ruling on Monday invalidating Allergan Plc’s (AGN.N) patents on its blockbuster $1.5 billion dry-eye medicine, Restasis, has cast doubt on the company’s novel strategy to enlist a Native American tribe to help shield those patents from challenge by generic drugmakers, legal experts said.
In a deal announced last month, Allergan transferred the Restasis patents to New York state’s Saint Regis Mohawk Tribe, claiming the group’s status as a sovereign nation meant the patents could not be reviewed by the U.S. patent office.
Allergan said the move was justified because the same patents were already being reviewed in federal court, but critics said it was a cynical attempt to prolong the company’s monopoly on Restasis.
The federal judge, William Bryson, expressed concerns about the legitimacy of the tribal transfer, calling it a ploy by Allergan to “rent” the tribe’s sovereign immunity.
He did not rule directly on whether the transfer was legal, however, because that question was not squarely before him. But his decision on Monday rendered Allergan’s move largely meaningless, since he invalidated the Restasis patents himself instead of waiting for the patent office to rule.
-snip-
Read more: http://www.reuters.com/article/us-allergan-patents-analysis/allergan-ruling-casts-doubt-on-tribal-patent-strategy-idUSKBN1CM369
