A patent ploy: Allergan’s unusual legal tactic attracts political scrutiny
From the article:
[...] The Mohawk tribe argues that it should be treated the same as a state institution. State universities have used sovereign immunity to dismiss challenges brought to the Patent Trial and Appeal Board (PTAB), which conducts patent reviews. The universities’ argument has not been tested in the courts, where patents can also be challenged, says Rachel Sachs of Washington University in St Louis; in theory, immunity could be invoked there, too.
The tribe has asked the PTAB to dismiss challenges to the Restasis patents. A ruling is expected by April. If the regulators side with the tribe, a rise in review-dodging deals seems likely. The tribe has set up a patent office in anticipation of greater interest.
Read the full article here.intellectual property pharmaceuticals rachel sachs regulation