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Judge criticises Allergan’s Native American tribe deal, invalidates Restasis patents

Michael Loney, New York


Judge Bryson in the Eastern District of Texas has noted “serious concerns” about Allergan transferring patents to the Saint Regis Mohawk Tribe to benefit from sovereign immunity but joined the tribe to litigation against Mylan and Teva – “Allergan’s tactic, if successful, could spell the end of the PTO’s IPR program”

Allergan’s controversial effort to avoid its patents for dry eye treatment Restasis being invalidated at the Patent Trial and Appeal Board (PTAB) by transferring them to a Native American tribe has taken a surprising turn – the judge in its...


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