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Allergan’s Sovereign Immunity Patent Ploy Faces Legal Reckoning

June 1, 2018, 2:00 PM

Pharmaceutical giant Allergan Plc might want to think about patenting its method of eluding generic drug competition--transferring its Restasis patents to an Indian tribe.

Last year, Allergan paid the St. Regis Mohawk Tribe to take its patents on the dry eye drug Restasis to escape a legal challenge by generic drugmakers. The move checked off some key patentability requirements. It was creative (novel), no one had thought of it before (nonobvious), and it would achieve, if allowed, a profitable purpose (useful).

But it also ticked off affordable drug advocates, generic drugmakers, members of Congress,...

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