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U.S. tribal patent deal could have big impact on generic drug market
by Jan Wolfe
Reuters Translate This Article
11 September 2017
On 11 September 2017 Reuters reported:
A groundbreaking deal between Allergan Plc and a Native American tribe to shield the company's patents in administrative proceedings could also be used be to protect them from challenges in federal court, legal experts said, potentially dealing a blow to generic competition. The deal takes advantage of the fact that the tribe is treated as a sovereign nation immune to civil lawsuits.
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In announcing the deal, Allergan said it believed the Restasis patents would no longer be subject to review by the U.S. Patent Trial and Appeal Board, an administrative court empowered to cancel patents through a process called inter partes review. The company said it would not claim immunity in an ongoing lawsuit in federal court by generic manufacturers seeking to revoke the same patents.
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