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Allergan's patent protection deal with Native American tribe fails

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Allergan’s patent protection deal with the Saint Regis Mohawk Tribe was struck down by the U.S. Patent Trial and Appeal Board, according to a press release from Mylan, the company that was challenging Allergan’s patents.

In September, Allergan announced it transferred six of its patents for Restasis (cyclosporine ophthalmic emulsion 0.5%) to the New York-based tribe, which in turn motioned to dismiss any patent challenges due to its tribal sovereign immunity.

The PTAB denied the tribe’s appeal on Feb. 23, saying the doctrine of tribal sovereign immunity did not apply to inter partes review proceedings, and if it had applied, the fact that Allergan retained ownership interests in the patents meant the proceedings could have continued without the tribe, according to the release.

“The PTAB’s ruling reinforces our belief that Allergan’s maneuvers to engage the St. Regis Mohawk Tribe for patent protection were a sham,” Mylan CEO Heather Bresch said in the release. “We will continue to be steadfast in our efforts on both the legal and regulatory fronts to bring a generic version of Restasis to patients as quickly as possible.”