Allergan tries to escape Restasis IPRs
Allergan is attempting to remove itself from a series of inter partes reviews focused on dry eye treatment Restasis (cyclosporine ophthalmic emulsion).
In a request (pdf) filed at the Patent Trial and Appeal Board (PTAB) on Tuesday, January 9, Allergan argued that it lost its authority to handle the case after transferring the patents for Restasis to the Saint Regis Mohawk Tribe.
Allergan transferred the rights to the tribe in September last year, in a bid to avoid IPRs on the treatment.
Under the agreement, the tribe received $13.75 million and will be eligible to receive $15 million in annual royalties.
The Saint Regis Mohawk Tribe then requested dismissal of the IPRs, which were filed by Mylan, based on the tribe’s sovereign immunity.
Earlier this week, LSIPR reported that the PTAB had denied an information request by the Saint Regis Mohawk Tribe, deeming it improper.
The tribe had asked for a hearing on its request for discovery into the “identity and impartiality” of the panel assigned to this case, saying it is concerned that “political or third-party pressure” may have been asserted to reach an outcome inconsistent with binding US Supreme Court and US Court of Appeals for the Federal Circuit precedent.
Allergan then filed its request to remove itself from the IPRs, explaining that the PTAB had authorised Allergan to file the motion in an e-mail to the parties on January 2.
“As a result of the assignment and licence agreement, Allergan, as of September 8, 2017, is no more than an exclusive field-of-use licensee,” said the request.
