Saint Regis Tribe Seeks Information on PTAB Panel

January 9, 2018

The Native American tribe that entered a controversial patent deal with Allergan is questioning the impartiality of the Patent Trial and Appeals Board judges charged with reviewing the arrangement.

The Saint Regis Mohawk Tribe called for a PTAB hearing on its request for discovery regarding the panel assigned to its case, citing concerns that political pressure factored into the PTAB process in its inter partes review of the deal, under which Allergan transferred its patent rights for dry eye treatment Restasis to the tribe.

Critics of the arrangement, including industry competitors, accused Allergan of using the deal with the tribe to illegally delay competition from generic drug manufacturers. A November lawsuit from an insurance fund claimed the company used the delay to impose “supra-competitive prices” for Restasis along with engaging in other delaying tactics such as citizen petitions.

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