Conferred immunity in IPR

The outcome of Allergan plc’s gambit to shield its Restasis cyclosporine patents from inter partes review could determine the fate of the IPR system and upset the balance of power between generic and brand drug companies under the Hatch-Waxman Act.

By transferring rights to six patents for the dry eye drug to the Saint Regis Mohawk Tribe in a Sept. 8 deal, Allergan is trying to buy access to the tribe’s sovereign immunity. On Sept. 22, the tribe filed a motion asking the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) to dismiss an IPR challenge brought by Mylan N.V. in 2016...