Allergan partners with Indian tribe to protect drug patents

Allergan partners with Indian tribe to protect drug patents”

It said it would vigorously oppose Allergan's attempt to protect a drug from patent challenges by transferring its rights to a Native American tribe.

Allergan has transferred its patent rights for a dry eye treatment to a Native American tribe, in a bid to obtain immunity against an inter partes review (IPR).

Allergan said it had been approached by the tribe with what it called a "sophisticated opportunity to strengthen the defence" of Restasis's patents, which have been challenged under a process called inter partes review, or IPR. The accord will entitle the tribe to a $13.75 million initial payment along with $15 million in annual royalties, beginning in 2018, until the cyclosporine (Restasis) patents either expire or are no longer valid.

The pact, which will entitle the upstate NY tribe to a one-time $13.75m payment and $15m a year in royalties, could open up a new way for drug manufacturers to head off challenges to patents backing billions of dollars a year in sales.

If Allergan succeeds in holding onto its patents, "we will probably see multiple branded companies housing their patents with Indian tribes", Ronny Gal, an analyst for Bernstein, said in a video message to investors Friday. For the tribe, it's a new revenue stream that could lead to more down the road. "We want to be self-reliant".

Because make no mistake, what is at stake here is not just the fate of six Allergan patents and some others owned by U.S. universities, but the entire future of the PTAB as a viable tool for defendants to challenge patents asserted against them, or ones that they fear may be asserted in the future.

Bob Bailey, Allergan's chief legal officer, said the tribe approached Allergan about such a deal in early August. "We are impressed with the Tribe's thoughtful and enterprising approach", Bailey said.

A statement from the St. Regis Mohawk Tribal Council noted, "This is a viable and sound opportunity for the St. Regis Mohawk Tribe to enter into the patent, technology and research sector as part of our overall economic diversification strategy".

The tribe runs a large casino to fund its community but said it wants to find other revenues to fund housing, employment, education, healthcare, culture, and language preservation. As part of the deal, the tribe will receive $15 million each year in the future. "They'll have to tread a very careful line with that one", said Brad Wright, a patent lawyer with Banner & Witcoff in Washington, who specialises in cases before the agency. At the same time, attacks on drug patents have been made easier under the patent office's recently created fast-track legal review process. But many patent holders have argued that the process is unfair and unnecessary because patents are challenged in the federal courts.

The company is facing challenges to the Restasis patents in front of that board and in federal court. The deal announced with the Mohawk Tribe will not have any bearing on the federal court case.

By transferring ownership to the tribe, Allergan can try to limit its legal battle to the courts, where it is harder to invalidate patents because of a more stringent legal standard. With the unusual move, the same company that touted pharma's social contract with patients drew some quick and sharp responses, with some calling it innovative and others labeling it 'sleazy'. "We did this to really make sure that we can defend these patents in only one forum", he said. "It's one of our most valuable products, so we can't wait", he said.

The tribe's spokesperson said it has been involved in the patent business since April, and has already drawn up two deals and will be "executing another soon". The university, also represented by the Shore Chan DePumpo firm, successfully argued that the challenges should be dismissed because, as an arm of the state of Florida, the university should be granted sovereign immunity.

Like this


13 September 2017
'Grey's Anatomy' Star Jason George Joins Firefighter Spinoff
The spinoff marks George's third Shondaland drama after Grey's and ABC's short-lived Hawaii-set medical drama Off the Map . George's character's potential future with the Seattle Fire Department was hinted at in the Season 13 finale with Dr.

13 September 2017
One in five Romanian employers to hire in Q4 - ManpowerGroup
Also, in five of eight regions and five of 10 sectors employers have tempered their hiring plans compared to the third quarter. ManpowerGroup's employment outlook survey includes responses from more than 11,500 U.S. employers.

13 September 2017
Seattle's mayor to resign following multiple allegations of sex abuse
The new allegation was made by Murray's cousin, Joseph Dyer, who is now the fifth person to accuse Murray of sexual abuse. He has said in the past that accusations from four men were part of a right-wing political agenda to take him down.

13 September 2017
In Another Big Loss, Chicago Bears Place Jerrell Freeman on IR
Second-year linebacker Nick Kwiatkoski should assume Freeman's place alongside Danny Trevathan at inside linebacker. Freeman self-reported a concussion after Sunday's season opener and also was evaluated for a pectoral injury.

13 September 2017
Minn. Officials Halt Line 3 Pipeline
The Line 3 overhaul is still up for public comment and Enbridge had no public response to the Commerce Department's testimony. Midwest, as outlined in other testimony filed today substantiating the need for the project", Enbridge said.

13 September 2017
Irma shifting to the west, on track to hit St. Petersburg
The company said it has assembled the largest pre-storm workforce in USA history, with more than 16,000 people ready to respond. Rick Scott said the storm left "devastation" in the Keys, which were under mandatory evacuation orders throughout the storm.

13 September 2017
Irma Is Now a Tropical Storm
Homes and a auto are inundated by floodwaters on Briarhills Parkway, in an upscale development in Houston on September 5, 2017. The number of people without electricity in the late-summer heat dropped to around 10 million - half of Florida's population.

13 September 2017
Kurds prepared to draw borders if Iraq rejects independence referendum
Earlier this month, Aboul Gheit visited Iraq, where he met with the country's leadership in Baghdad, and Kurdish leaders in Erbil. Kurdish leaders have said a "yes" vote would pave the way for the start of "serious negotiations" with the Baghdad government.

13 September 2017
Lam Research Corporation (LRCX) Holdings Trimmed by Commonwealth Bank of Australia
The Company operates through manufacturing and servicing of wafer processing semiconductor manufacturing equipment segment. In related news, COO Timothy Archer sold 6,897 shares of the business's stock in a transaction dated Wednesday, July 19th.

13 September 2017
Royal Gold, Inc. (NASDAQ:RGLD) Under Analyst Spotlight
Colorado-based Arrowpoint Asset Mgmt Ltd Liability Corporation has invested 0.06% in Royal Gold, Inc (USA) (NASDAQ:RGLD). The company had revenue of $108.90 million during the quarter, compared to analysts' expectations of $108.72 million.