Legal Alert - Pharmaceutical Company Seeks to Use Tribal Sovereign Immunity to Avoid Inter Partes Review
by Heidi McNeil Staudenmaier and Jenny Hua
Allergan announced on September 8, 2017, that it had transferred its patents covering the drug Restasis to the Saint Regis Mohawk Tribe and will pay the tribe $13.75 million. The tribe is also eligible to receive $15 million in annual royalties as long as the patents remain valid. In exchange, Allergan was given an exclusive license to the patents.