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Mohawk Tribe Is Not Immune To IPR (And Allergan Really Owns Restasis Patents Anyway) PTAB Decrees

Executive Summary

Allergan's novel tactic to derail inter partes review of Restasis patents ends for now as Patent Trial and Appeal Board denies Tribe's request to terminate proceeding; Board sets June 6 deadline for final written decision on IPR petition.

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Restasis Patent Review Back On Track As Federal Circuit Quashes Mohawk Tribe's Sovereign Immunity Claim

Appeals court says inter partes review is more like an agency enforcement action than a civil suit and thus tribal immunity does not apply to the proceeding; PTAB now to determine patentability of Restasis patents.

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Appeals court to address whether Mohawk Tribe has sovereign immunity before inter partes review proceeding goes forward; Federal Circuit may leave it to Congress to decide question.

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US FDA rejects Allergan's third citizen petition seeking to require comparative clinical trials of generic versions of its dry eye medicine; company appeals patent invalidity ruling and PTAB admonishes Mohawk Tribe for its actions in IPR proceeding.

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