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Allergan Shifts Restasis Patents To Native American Tribe To Invoke Immunity From IPR

 
• By Mandy Jackson

The tribe will move to get IPR proceedings dismissed, but the strategy isn't expected to affect ANDA litigation. Allergan's CEO said the company could use a similar approach with other patents and notes that other companies may follow.

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Allergan PLC stumbled on to its latest intellectual property strategy by chance when a lawyer representing the Saint Regis Mohawk Tribe reached out to the company offering a solution for some of its Restasis (cyclosporine) patent woes. CEO Brent Saunders said it’s a strategy that the company – and its peers – may pursue for other brand-name products.

The lawyer was from the Texas law firm Shore Chan DePumpo LLP, which helped a university claim sovereign status as a means of getting an inter partes review (IPR) proceeding...

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