Allergan, St. Regis Tribe Appeal Review of Restasis Patents

Allergan and the Saint Regis Mohawk Tribe asked the U.S. Court of Appeals for the Federal Circuit to impose a stay on the Patent Trial and Appeal Board’s review of the Restatis patents the company transferred to the tribe.

The tribe contested the board’s jurisdiction, claiming it is a sovereign government that cannot be sued unless Congress removes its immunity.

The board concluded on Feb. 23 that the tribe was not entitled to assert sovereign immunity in the patent review proceedings and proposed a final hearing date of April 3.