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Mohawk Tribe Is Not Immune To IPR (And Allergan Really Owns Restasis Patents Anyway) PTAB Decrees

 
• By Brenda Sandburg

Allergan's novel tactic to derail inter partes review of Restasis patents ends for now as Patent Trial and Appeal Board denies Tribe's request to terminate proceeding; Board sets June 6 deadline for final written decision on IPR petition.

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Allergan PLC's novel strategy to avoid an inter partes review (IPR) of Restasis (cyclosporine) patents was squashed by the US Patent and Trademark Office's Patent Trial and Appeal Board, which found that tribal sovereign immunity does not apply to IPR proceedings and that Allergan had not actually relinquished its ownership interest in the patents in its deal with the Saint Mohawk Regis Tribe.

The Patent Trial and Appeal Board (PATB)'s Feb. 23 decision denying the Tribe's motion to terminate the Restasis IPR proceedings means other biopharma companies will not pursue similar patent...

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