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Mohawks to the Rescue? Can You Immunize Patents From PTAB Review By Assigning to a Native American Tribe?

Author: Thomas J. Engellenner

9/13/2017

Read the full post at Post-Grant Counsel

Mohawks to the Rescue? Can You Immunize Patents From PTAB Review By Assigning to a Native American Tribe?

In an unusual move to combat the perceived bias in favor of patent challengers at the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB), the Irish drug company Allergan has decided to warehouse its key patents on the dry-eye drug Restasis with the Saint Regis Mohawk Tribe in upstate New York. Allergan generates over a billion dollars in revenue annually from sales of Restasis worldwide. By assigning ownership to the Mohawks, the company believes its patents will be exempt from PTAB review on the grounds of “sovereign immunity.”