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DewDiligence

09/08/17 12:51 PM

#213505 RE: DewDiligence #206793

AGN’s novel ploy to protect Restasis exclusivity:

https://finance.yahoo.com/news/allergan-saint-regis-mohawk-tribe-163400437.html

Allergan plc…and the Saint Regis Mohawk Tribe today announced that the Tribe now owns all Orange Book-listed patents for RESTASIS (Cyclosporine Ophthalmic Emulsion) 0.05%, and that Allergan has been granted exclusive licenses in the patents related to the product. The Tribe, a recognized sovereign tribal government, is filing a motion to dismiss the ongoing inter partes review (IPR) of the RESTASIS patents based on their sovereign immunity from IPR challenges.

Restasis is AGN’s second-largest product (after Botox). If this eventually reaches adjudication by the CAFC, I predict that AGN's ploy will fail.