• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living

2

Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs

3

Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998

1

Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living

2

Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs

3

Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998
HealthAllergan

Allergan’s Mohawk Patent Defense Strategy Is Eyewash, Court Rules

By
Reuters
Reuters
Down Arrow Button Icon
By
Reuters
Reuters
Down Arrow Button Icon
October 18, 2017, 9:37 AM ET
Add Fortune on Google for similar content.

A U.S. court ruling on Monday invalidating Allergan’s patents on its blockbuster $1.5 billion dry-eye medicine, Restasis, has cast doubt on the company’s novel and controversial strategy to enlist a Native American tribe to help shield those patents from challenge by generic drugmakers.

In a deal announced last month, Allergan transferred the Restasis patents to New York state’s Saint Regis Mohawk Tribe, claiming the group’s status as a sovereign nation meant the patents could not be reviewed by the U.S. patent office.

Allergan said the move was justified because the same patents were already being reviewed in federal court, but critics said it was a cynical attempt to prolong the company’s monopoly on Restasis.

The federal judge, William Bryson, expressed concerns about the legitimacy of the tribal transfer, calling it a ploy by Allergan to “rent” the tribe’s sovereign immunity.

He did not rule directly on whether the transfer was legal, however, because that question was not squarely before him. But his decision on Monday rendered Allergan’s move largely meaningless, since he invalidated the Restasis patents himself instead of waiting for the patent office to rule.

Allergan said it was disappointed by Bryson’s decision to invalidate the patents and vowed to appeal.

Legal experts said the rebuke from a prominent judge will make other patent owners reluctant to copy Allergan’s maneuver.

“This should flash some serious yellow lights, if not red lights, in front of parties considering a deal like this,” said Michael Carrier, a professor of patent law at Rutgers Law School.

Read: Botox Maker Allergan’s CEO Defends Selling Drug Patents to Native American Tribe to Thwart Rivals

The dispute over the Restasis patents dates back to 2015 when generic drug companies led by Mylan NV asked a federal judge sitting in Texas to invalidate Allergan’s Restasis patents, in the hope of launching their own generic versions of the medicine.

The generic drugmakers also asked the U.S. Patent Trial and Appeal Board (PTAB), an administrative court run by the patent office, to revoke the patents. Companies often ask both a federal judge and PTAB to cancel patents.

Allergan said in September that it had transferred its Restasis patents to the tribe, which agreed to license the patents back to Allergan in exchange for ongoing payments.

The company said the PTAB proceeding should be terminated because the tribunal did not have jurisdiction over the tribe. Allergan said it wanted to avoid defending the patent in both federal court and before PTAB.

But after Bryson’s ruling, other patent owners will be less likely to transfer such patents to tribes to shield them from review, said Rachel Sachs, a professor of patent law at Washington University in St. Louis.

Read: Amgen Is Taking On a $3 Billion Cancer Drug. But Will It Cut Costs for Patients?

Bryson said “sovereign immunity should not be treated as a monetizable commodity that can be purchased by private entities as part of a scheme to evade their legal responsibilities.”

Sachs said Bryson is a well-regarded judge and that his reasoning could be cited by other courts, including PTAB judges.

She noted the ruling comes after weeks of criticism on Capitol Hill, where politicians have slammed Allergan’s move as a sham, with one U.S. senator introducing a bill to ban attempts to take advantage of tribal sovereignty.

In a research note on Monday, analysts at Credit Suisse said Allergan suffered a “public relations backlash” from the deal without helping its bottom line.

Read: Why Allergan Thinks Botox Can Treat Depression

Allergan said in a statement on Tuesday that its deal with the tribe has helped raised awareness about the need to reform the PTAB process, which the company said does not provide due process to patent owners.

Some legal experts said it is too early to declare Allergan’s patent gambit a failure.

Jacob Sherkow, a professor of patent law at New York Law School, said PTAB may still rule in favor of Allergan on its sovereign immunity defense.

If that happens, Allergan’s deal with the tribe could be copied by other patent owners, said Joshua Landau, a patent lawyer with the trade group Computer & Communications Industry Association.

Bryson’s decision “will make patent owners question the arrangement, but I don’t know if the ruling will prevent it entirely,” Landau said.

About the Author
By Reuters
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Health

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Health

Photo: Paris, france
Environmentclimate change
Brutal heatwave in France is killing 2,000 people per week, undertakers are overwhelmed, and health agency says there’s worse to come
By John Leicester and The Associated PressJuly 3, 2026
2 days ago
Opti-Greens 50 Review (2026): Insights from Hands-On Testing
HealthDietary Supplements
Opti-Greens 50 Review (2026): Insights from Hands-On Testing
By Christina SnyderJuly 2, 2026
2 days ago
A man shaves wood pieces from a block.
EconomyRetirement
Economists have found an answer to slowing cognitive decline: Avoid retiring early, study finds
By Sasha RogelbergJuly 2, 2026
3 days ago
The Best Compact Ellipticals of 2026: Tested by Fitness Fanatics
HealthDietary Supplements
The Best Compact Ellipticals of 2026: Tested by Fitness Fanatics
By Emily PharesJuly 2, 2026
3 days ago
The 6 Best Exercise Bikes of 2026: Fitness Expert Reviewed
HealthDietary Supplements
The 6 Best Exercise Bikes of 2026: Fitness Expert Reviewed
By Christina SnyderJuly 1, 2026
3 days ago
kean
PoliticsCongress
Tom Kean discloses depression diagnosis behind 4-month absence from Congress: ‘until you experience it yourself, it is difficult to fully understand’
By Mike Catalini, Joey Cappelletti and The Associated PressJune 30, 2026
5 days ago

Most Popular

Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
Success
Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
By Preston ForeJuly 4, 2026
1 day ago
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
Law
Egg companies made $1.22 billion in profit off a $6 carton — now they’re buying their way out of a price-fixing case with 53 million donated eggs
By Wyatte Grantham-Philips and The Associated PressJuly 2, 2026
3 days ago
Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998
AI
Meet the Zillennials: The luckiest micro-generation in the workforce, born between 1993 and 1998
By Nick LichtenbergJuly 3, 2026
2 days ago
Economists have found an answer to slowing cognitive decline: Avoid retiring early, study finds
Economy
Economists have found an answer to slowing cognitive decline: Avoid retiring early, study finds
By Sasha RogelbergJuly 2, 2026
3 days ago
$25 billion CEO says one-hour interviews are a waste of time—he puts candidates through six hours of tests and wants them to order wine at lunch
Success
$25 billion CEO says one-hour interviews are a waste of time—he puts candidates through six hours of tests and wants them to order wine at lunch
By Orianna Rosa RoyleJuly 3, 2026
2 days ago
Three dads started selling hats from a garage with $750—now they’ve sold $35 million worth, partnered with Gary Vee, and grown a community of fathers
Success
Three dads started selling hats from a garage with $750—now they’ve sold $35 million worth, partnered with Gary Vee, and grown a community of fathers
By Preston ForeJuly 4, 2026
22 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.