Allergan Shifts Restasis Patents To Native American Tribe To Invoke Immunity From IPR

The tribe will move to get IPR proceedings dismissed, but the strategy isn't expected to affect ANDA litigation. Allergan's CEO said the company could use a similar approach with other patents and notes that other companies may follow.

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Allergan PLC stumbled on to its latest intellectual property strategy by chance when a lawyer representing the Saint Regis Mohawk Tribe reached out to the company offering a solution for some of its Restasis (cyclosporine) patent woes. CEO Brent Saunders said it’s a strategy that the company – and its peers – may pursue for other brand-name products.

The lawyer was from the Texas law firm Shore Chan DePumpo LLP, which helped a university claim sovereign status as a means of getting an inter partes review (IPR) proceeding...

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