In the wake of a startling deal in which Allergan (AGN) is selling some patents to a Native American tribe, an attorney for the tribe indicated other drug makers have asked about such arrangements.
“I can’t provide specific information, but your assumptions are pretty correct” that representatives for other pharmaceutical companies have made inquiries since the deal was announced last Friday, said Chris Evans of the Shore Chan DePumpo law firm, which brought the deal to the tribe.
This is not surprising. The deal, which involves patents for the best-selling Restasis eye drops, allows Allergan to avoid a particular type of patent challenge — called inter partes reviews — because the St. Regis Mohawk tribe has sovereign immunity from such claims. And Allergan hopes to circumvent a challenge from three generic drug makers over Restatis patents, even as it awaits a ruling in a conventional lawsuit challenging its patents filed by the same companies.
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