‘That should be illegal’ image

Business Insider, October 10, 2017
By Lydia Ramsey, quoting Rachel E. Sachs (Academic Fellow Alumna)


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From the article:

Allergan, the drugmaker behind Botox, is using a tricky workaround to protect patents on one of its drugs — and lawmakers aren't exactly happy about it. 

The deal, which passed off the patents for the blockbuster eye drug Restasis to the Saint Regis Mohawk Tribe, is an unusual move that gives the drug sovereign immunity, keeping it from having its patents challenged as the drug starts to face generic competitors. 

The deal has prompted lawmakers to introduce bills that would make such a maneuver illegal, but Allergan's standing by the move, arguing the move helps protect them from "patent trolls" and facing "double jeopardy" when it comes to lawsuits over its patents. 

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