Allergan sidesteps patent review with tribal deal
Native Americans agree to use sovereign immunity to protect intellectual property from double challenge
In a somewhat surprising move, pharmaceutical firm Allergan has transferred ownership of six patents to a Native American tribe, to shield them from being challenged by generic manufacturers.
The deal with the Saint Regis Mohawk tribe aims to use tribal sovereign immunity to shield patents relating to dry eye treatment Restasis (ciclosporin) from inter partes review (IPR), a process at the US Patent and Trade Office that Allergan views as unfair.