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Appellate court rules against Allergan’s tribal license patent protection deal
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The U.S. Court of Appeals for the Federal Circuit has struck down Allergan’s attempt to use tribal sovereignty to avoid a patent challenge on Restasis.
The court affirmed a U.S. Patent Trial and Appeal Board decision that tribal sovereign immunity does not apply to inter partes review proceedings.
Allergan entered a deal with the Saint Regis Mohawk tribe in 2017 in an attempt to protect its patents for the dry eye treatment Restasis (cyclosporine ophthalmic emulsion 0.05%). Six of the patents associated with Restasis were transferred to the tribe in the deal, and the tribe then attempted to dismiss any inter partes review, arguing tribal sovereign immunity protected its property.
The generic drug manufacturer Mylan fought the deal in court, and this appellate court decision now allows the company to proceed in challenging Allergan’s IPR.
“This win is a victory in our ongoing efforts to stop patent abuses by brand companies and to help drive access to more affordable medicine,” Mylan CEO Heather Bresch said in a statement.
A federal court previously ruled for Mylan and other generic drug manufacturers saying the patents were invalid “based on obviousness.”
Source: http://www.cafc.uscourts.gov/node/23647