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Allergan's Restasis Defense Falters As PTAB Dismisses Tribal Immunity Ploy

 
• By Mandy Jackson

The damage inflicted by Mylan and other manufacturers looking to sell Restasis generics already has been felt by Allergan, but the PTAB dealt the dry eye drug's patent defense another blow by rejecting the Mohawk Tribe's plea to have an inter partes review thrown out.

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Allergan PLC went to great lengths to protect its patents for its blockbuster dry eye drug Restasis (cyclosporine), but the company's most controversial effort – transferring ownership of its patents to the Saint Regis Mohawk Tribe – was swatted down by the Patent Trial and Appeals Board (PTAB).

The PTAB, which hears patent interference cases filed with the US Patent and Trademark Office, issued a decision on Feb. 23 denying the Tribe's request to dismiss an inter partes review (IPR) sought by Mylan NV and other generics manufacturers. Allergan transferred its Restasis patent ownership to the Tribe in September so that the Tribe could use its sovereign immunity to seek dismissal of the IPR

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