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Allergan, Mohawks Lose Bid to Dismiss Patent Challenge

Feb. 23, 2018, 11:42 PM

Allergan Plc’s controversial tactic to use a Native American tribe as a way to avoid scrutiny of its patents on the Restasis dry-eye drug has failed again.

The Patent Trial and Appeal Board Feb. 23 denied a request to dismiss challenges filed by generic-drug makers, including Mylan NV and Teva Pharmaceutical Industries Ltd. The St. Regis Mohawk Tribe, which was paid by Allergan to take ownership of the patents, can’t claim sovereign immunity to avoid the validity reviews, the board said in a decision posted on its electronic docket.

The board said that its authority is to consider whether agency ...

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