[20171012]LSB10010_所有人都关注Allergan：制药公司史无前例的举动引发了对专利和药品法的质疑（下） .pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i All Eyes on Allergan: Drug Companys Unprecedented Move Raises Questions for Patent and Drug Law (Part II) Updated October 12, 2017 As discussed in Part I of this two-part Sidebar, on September 8, 2017, Allergan, Inc. announced that it assigned its rights to six patents covering its dry-eye drug Restasis (Restasis Patents) to the Saint Regis Mohawk Tribe (Tribe). The company seemingly intends to benefit from the Tribes sovereign immunity in a patent validity challenge pending before the U.S. Patent and Trademark Offices (PTOs) Patent Trial and Appeal Board (PTAB). While Part I provides background on the Allergan-Saint Regis deal and tribal sovereign immunity, this post explores the potential immediate and long-term outcomes of this deal, analyzes the arrangement in the broader contexts of patent law and sovereign immunity, and highlights the unresolved questions it raises. What Happens Next? The Allergan-Saint Regis deal was reached within the context of several factors that could terminate the Restasis Patents, which are set to expire in August 2024 after which others may use the underlying dr