Allergan Shifts Restasis Patents to Native American Tribe to Invoke Immunity from IPR

Doug Hahn, a shareholder in Stradling’s Intellectual Property Litigation practice, provided commentary to the Pink Sheet on Allergan’s transfer of patents for RESTASIS to the Saint Regis Mohawk Tribe, The creative agreement gives the tribe exclusive commercial rights to these patents to avoid the inter partes review (IPR) process. The tribe can exercise its sovereign immunity rights, which are not subject to the IPR process.