28 September 2017
New York
Reporter: Barney Dixon

Mohawk tribe files to dismiss IPR

The Saint Regis Mohawk tribe has filed to dismiss an inter partes review (IPR) challenge from Mylan.

Allergan transferred its patents for its Restasis dry eye treatment to the tribe earlier this month, granting the patents immunity from IPR at the US Patent Trial and Appeal Board because Native American tribes hold sovereign immunity against any IPR challenges.

In its motion to dismiss the IPR review, filed on 22 September, the tribe said that the US Supreme Court had previously been asked to limit the scope of tribal immunity in the commercial context, but declined the do so and later reaffirmed the holding when asked to scale back tribal immunity on policy grounds.

The court stated that only Congress can “determine whether or how to limit tribal immunity”.

Allergan had previously said that its agreement with the tribe would have no impact on its patent litigation against the manufacturers of proposed generic versions of the drug.

Bob Bailey, chief legal officer at Allergan, explained that the tribe had come to it with a “sophisticated opportunity to strengthen the defense of our Restasis intellectual property in the upcoming IPR proceedings before the Patent Trial and Appeal Board”.

Bailey added: “Allergan evaluated this approach closely, with expert counsel in patent and sovereign immunity law … We are impressed with the Tribe's thoughtful and enterprising approach, which will allow them to achieve their goals of self-reliance and help them address the most urgent needs in their community."

The tribe said this was an important step towards diversifying its economic strategy and ensuring it remains self-reliant.

More news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Cabinet Plasseraud promotes four to partner
21 February 2018 | Paris | Reporter: Barney Dixon
Cabinet Plasseraud has appointed for intellectual property attorneys to partner
NPE litigation in Europe sees continued growth
20 February 2018 | Brussels | Reporter: Barney Dixon
NPE litigation and enforcement in Europe has increased by an average almost 20 percent year-on-year since 2007, according to a new report from Darts-IP
BakerHostetler hires IP partner
19 February 2018 | Los Angeles | Reporter: Barney Dixon
BakerHostetler has hired Troy Schmelzer as partner in its intellectual property group
Sheppard, Mullin, Richter & Hampton promotes four to partner
16 February 2018 | California | Reporter: Barney Dixon
Sheppard, Mullin, Richter & Hampton has promoted four intellectual property attorneys to partner across its Shanghai, San Diego and San Francisco offices
Latest EPO employment proposals under fire
15 February 2018 | Munich | Reporter: Barney Dixon
The latest version of a proposal to scrap permanent employment contracts at EPO for the “modernisation” of its employment framework has come under fire
Munck Wilson Mandala hires IP associate
14 February 2018 | Dallas | Reporter: Barney Dixon
Munck Wilson Mandala has hired Chad Ray as senior associate in its Dallas, Texas office
Anaqua partners with Ceva Santé Animale
13 February 2018 | Boston | Reporter: Barney Dixon
Animal healthcare company Ceva Santé Animale has chosen Anaqua to manage its intellectual property portfolio