> ## Content Index
> Fetch the complete content index at: https://www.fdaweb.com/llms.txt
> Use this file to discover other available public pages before exploring further.

# Allergan Transfers Restasis Patents to Native American Tribe
- URL: https://www.fdaweb.com/allergan-transfers-restasis-patents-to-native-american-tribe/
- Published: 2017-09-12T12:00:00.000Z
- Updated: 2026-09-14T22:49:17.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5139611

Allergan says its transfer of Restasis patents to the St. Regis Mohawk Tribe will shield the patents in administrative proceedings involving the U.S. Patent Trial and Appeal Board. The tribe will exclusively license the patents back to Allergan in exchange for ongoing payments. A Reuters report says the deal “takes advantage of the fact that the tribe is treated as a sovereign nation immune to civil lawsuits.”

In announcing the deal, Allergan said it believes the patents would no longer be subject to review by the U.S. Patent Trial and Appeal Board, which is empowered to cancel patents through a process known as inter partes review (IPR). “This was directed at and only affects the flawed IPR process,” said Allergan CEO **Brenton Saunders** in an interview with Reuters. He said the company would not claim immunity in an ongoing federal lawsuit by generic drug manufacturers seeking to revoke the patents.

The article raises the possibility that other companies could also transfer patents to Native American tribes and then claim that they are shielded from litigation in federal court, making it much harder for generic companies to challenge the patents.

The news service quotes Rutgers Law School professor **Michael Carrier** as suggesting that companies might fear a public outcry if they use tribal immunity to remove their patents from scrutiny by both the board and federal courts. But Washington University law professor **Rachel Sachs** said she thinks it’s likely only a matter of time. “Once the industry begins engaging in a practice, even at a low level,” she said, “there are actors who will take it to its logical extreme.”