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Allergan May Rue Mohawk Tribe Deal As Court Invalidates Restasis Patents

 
• By Brenda Sandburg

District court questions legitimacy of Allergan's patent transfer tactic, saying it 'could spell the end of the PTO's IPR program.'

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Allergan PLC argued that its deal with the Saint Regis Mohawk Tribe would block generic drug makers from unfairly getting a second chance to eliminate its Restasis (cyclosporine) patents. But now that a judge has ruled the patents are invalid it may regret trying to derail the inter partes review (IPR) process, since the move may end up resulting only in harm to the firm's reputation.

In an Oct. 16 order, the US District Court for the Eastern District of Texas found that four patents...

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