The Rheumatologist
COVID-19 NewsACR Convergence
  • Connect with us:
  • Facebook
  • Twitter
  • LinkedIn
  • YouTube
  • Feed
  • Home
  • Conditions
    • Rheumatoid Arthritis
    • SLE (Lupus)
    • Crystal Arthritis
      • Gout Resource Center
    • Spondyloarthritis
    • Osteoarthritis
    • Soft Tissue Pain
    • Scleroderma
    • Vasculitis
    • Systemic Inflammatory Syndromes
    • Guidelines
  • Resource Centers
    • Axial Spondyloarthritis Resource Center
    • Gout Resource Center
    • Psoriatic Arthritis Resource Center
    • Rheumatoid Arthritis Resource Center
    • Systemic Lupus Erythematosus Resource Center
  • Drug Updates
    • Biologics & Biosimilars
    • DMARDs & Immunosuppressives
    • Topical Drugs
    • Analgesics
    • Safety
    • Pharma Co. News
  • Professional Topics
    • Ethics
    • Legal
    • Legislation & Advocacy
    • Career Development
      • Certification
      • Education & Training
    • Awards
    • Profiles
    • President’s Perspective
    • Rheuminations
    • Interprofessional Perspective
  • Practice Management
    • Billing/Coding
    • Quality Assurance/Improvement
    • Workforce
    • Facility
    • Patient Perspective
    • Electronic Health Records
    • Apps
    • Information Technology
    • From the College
    • Multimedia
      • Audio
      • Video
  • Resources
    • Issue Archives
    • ACR Convergence
      • Gout Resource Center
      • Axial Spondyloarthritis Resource Center
      • Psoriatic Arthritis
      • Abstracts
      • Meeting Reports
      • ACR Convergence Home
    • American College of Rheumatology
    • ACR ExamRheum
    • Research Reviews
    • ACR Journals
      • Arthritis & Rheumatology
      • Arthritis Care & Research
      • ACR Open Rheumatology
    • Rheumatology Image Library
    • Treatment Guidelines
    • Rheumatology Research Foundation
    • Events
  • About Us
    • Mission/Vision
    • Meet the Authors
    • Meet the Editors
    • Contribute to The Rheumatologist
    • Subscription
    • Contact
  • Advertise
  • Search
You are here: Home / Articles / U.S. Supreme Court Rejects Allergan Bid to Use Tribe to Shield Drug Patents

U.S. Supreme Court Rejects Allergan Bid to Use Tribe to Shield Drug Patents

April 16, 2019 • By Lawrence Hurley

  • Tweet
  • Email
Print-Friendly Version / Save PDF

WASHINGTON (Reuters)—The U.S. Supreme Court has cast aside pharmaceutical company Allergan Plc.’s unorthodox bid to shield patents from a federal administrative court’s review by transferring them to a Native American tribe.

You Might Also Like
  • U.S. Congress to Hold Hearing on Allergan Tribal Patent Deal
  • U.S. Judge in Texas Invalidates Allergan Patents on Restasis
  • Senator McCaskill Drafts Bill in Response to Allergan Patent Maneuver

The justices left in place a lower court ruling upholding the authority of a U.S. Patent and Trademark Office tribunal to decide the validity of patents covering Allergan’s dry eye drug Restasis, refusing to hear the company’s appeal. Allergan had argued that the tribe’s sovereign status under federal law made the patents immune from administrative review by the agency.

ad goes here:advert-1
ADVERTISEMENT
SCROLL TO CONTINUE

Generic drug company Mylan NV, seeking to sell its own lower-cost version of Restasis, in 2016 asked the agency’s Patent Trial and Appeal Board to invalidate the Allergan patents on the grounds that they described obvious ideas.

Allergan, which has its headquarters in Dublin, in September 2017 transferred the patents to New York’s Saint Regis Mohawk Tribe, which took legal ownership of the patents and then licensed them back to Allergan in exchange for ongoing payments.

ad goes here:advert-2
ADVERTISEMENT
SCROLL TO CONTINUE

Allergan said it was protecting itself from the patent court, which it called a flawed and biased forum. The company said it did not object to the validity of its patents being reviewed by federal judges but took issue with the administrative court.

U.S. lawmakers from both political parties have called Allergan’s deal with the tribe a sham.

The patent tribunal in February 2018 rejected Allergan’s maneuver, saying tribal sovereign immunity does not apply to its patent review proceedings. The U.S. Court of Appeals for the Federal Circuit, which specializes in patent law, affirmed that decision five months later.

ad goes here:advert-3
ADVERTISEMENT
SCROLL TO CONTINUE

Separate from the current court fight, the Restasis patents already have been invalidated. In October 2017, a federal judge in Texas took that step instead of waiting for the patent board to rule, a decision that was upheld on appeal. Mylan and Teva Pharmaceutical Industries Ltd have sought approval from U.S. regulators to sell generic versions of Restasis.

Filed Under: Drug Updates Tagged With: Allergan Plc tribal patent deal, Allergan Plc., Legal, Native American tribe, New York Saint Regis Mohawk Tribe, Restasis

You Might Also Like:
  • U.S. Congress to Hold Hearing on Allergan Tribal Patent Deal
  • U.S. Judge in Texas Invalidates Allergan Patents on Restasis
  • Senator McCaskill Drafts Bill in Response to Allergan Patent Maneuver
  • U.S. House Committee Launches Probe of Allergan Patent Deal

American College of Rheumatology

Visit the official website for the American College of Rheumatology.

Visit the ACR »

ACR Convergence

Don’t miss rheumatology’s premier scientific meeting for anyone involved in research or the delivery of rheumatologic care or services.

Visit the ACR Convergence site »

Rheumatology Research Foundation

The Foundation is the largest private funding source for rheumatology research and training in the U.S.

Learn more »

The Rheumatologist newsmagazine reports on issues and trends in the management and treatment of rheumatic diseases. The Rheumatologist reaches 11,500 rheumatologists, internists, orthopedic surgeons, nurse practitioners, physician assistants, nurses, and other healthcare professionals who practice, research, or teach in the field of rheumatology.

About Us / Contact Us / Advertise / Privacy Policy / Terms of Use / Cookie Preferences

  • Connect with us:
  • Facebook
  • Twitter
  • LinkedIn
  • YouTube
  • Feed

Copyright © 2006–2023 American College of Rheumatology. All rights reserved.

ISSN 1931-3268 (print)
ISSN 1931-3209 (online)