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U.S. patent court deals setback to Allergan's Restasis strategy

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A U.S. administrative court said it has the authority to decide the validity of patents Allergan Plc transferred to a Native American tribe, dealing a setback to a strategy the company adopted to protect one of its best-selling medicines from generic competition.

The Patent Trial and Appeal Board, a court run by the U.S. patent office, declined on Friday a request to dismiss litigation brought by the generic drug company Mylan NV challenging the validity of Allergan's patents on its dry eye medicine Restasis.

In September Allergan transferred its patents covering Restasis to the Saint Regis Mohawk Tribe, arguing that the New York-based tribe's status as a sovereign entity meant the patents could not be reviewed by the board because of a legal doctrine called sovereign immunity.

"The PTAB's ruling reinforces our belief that Allergan's maneuvers to engage the St. Regis Mohawk Tribe for patent protection were a sham," Mylan Chief Executive Heather Bresch said in a statement.

Source :- yahoonews
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