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Allergan enters patent protection deal with Native American tribe, files suit against Imprimis
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Allergan announced two recent moves to protect its intellectual property and prevent generic competition.
In separate press releases, Allergan reported filing suit against Imprimis Pharmaceuticals and two other companies and transferring Orange Book-listed patents for Restasis (cyclosporine ophthalmic emulsion 0.05%) to the Saint Regis Mohawk Tribe, a New York-based Native American tribe. The tribe is recognized as a sovereign tribal government, and Allergan has been granted exclusive licenses in the patents.
“The Saint Regis Mohawk Tribe and its counsel approached Allergan with a sophisticated opportunity to strengthen the defense of our Restasis intellectual property in the upcoming inter partes review proceedings before the Patent Trial and Appeal Board,” Bob Bailey, Allergan’s chief legal officer, said in a release.
The tribe will receive $13.75 million when the agreement is executed, as well as be eligible for $15 million in annual royalties, under the terms of the deal, the release said.
Allergan also filed suit against Imprimis Pharmaceuticals, Prescriber’s Choice Inc. and Sincerus Florida LLC, alleging the companies are unlawfully manufacturing and selling unapproved new drugs and violating the Lanham Act and state law by using “false and misleading advertising and promotion,” according to a second Allergan press release.
Allergan contends the three companies are putting patients and physicians at risk by selling unapproved new drugs, the release said.
Click here to read Darrell White, MD's blog on the Saint Regis Mohawk Tribe deal.