Tribe files to dismiss Restasis patent IPR cases
The Saint Regis Mohawk Tribe Friday filed a motion with the Patent Trial and Appeal Board seeking dismissal of inter partes review petitions against six patents covering Restasis cyclosporine from Allergan plc (NYSE:AGN). As expected, the tribe asserted that it has sovereign immunity and cannot be sued. In an effort to shield the patents from IPR challenges, Allergan transferred the patents to the tribe on Sept. 8 and licensed exclusive rights to the patents.
In the motion, the tribe reiterates its intention to allow a pending district court case over validity of the Restasis patents to proceed. “Petitioners have had and will continue to have their day in district court. The Tribe will not assert sovereign immunity in the Eastern District of Texas case.”...