Allergan transfers the patents for Restasis to a Native American tribe.

In an unprecedented attempt by a pharmaceutical company to hold on to their patents, Allergan has initiated a deal to transfer the patents for Restasis to the Saint Regis Mohawk Tribe.
Because Allergan is facing several patent challenges and the Saint Regis Mohawk Tribe has sovereign immunity. That means they can file to dismiss these kinds of legal challenges which would make Allergan happy to have those off their plate.

What does the Tribe get in return?
The NY Times laid out the details:
“Under the deal,  Allergan will pay the tribe $13.75 million and in exchange, the tribe will claim sovereign immunity as grounds to dismiss a patent challenge through the United States Patent and Trademark Office. The tribe will lease the patents back to Allergan, and will receive $15 million in annual royalties as long as the patents remain valid.”

The deal hasn’t gone through yet but if it does, there is speculation that other pharmaceutical companies will follow suit.

Get in Touch


Please enter your comment!
Please enter your name here

For security, use of Google's reCAPTCHA service is required which is subject to the Google Privacy Policy and Terms of Use.

I agree to these terms.

Related Articles

Latest Posts