Allergan transferred the patents for its blockbuster eye drug Restasis to the Saint Regis Mohawk tribe. In return, the tribe licensed the rights back to Allergan, and employed its sovereign immunity to move to dismiss certain challenges by generic drugmakers. Allergan paid the tribe $13.75 million upfront in the arrangement, with the potential for $15 million in annual royalties thereafter.
Claire McCaskill, "I ask that PhRMA review whether actions to block patent challenges through claims of tribal sovereign immunity align with PhRMA efforts to promote innovation and discourage predatory pricing practices and anticompetitive conduct,"
"This is one of the most brazen and absurd loopholes I've ever seen, and it should be illegal," the senator said in a statement to CNBC.
"This is one of the most brazen and absurd loopholes I've ever seen, and it should be illegal," the senator said in a statement to CNBC.
"Allergan recently completed a Hatch-Waxman trial in a Federal District Court in Texas on the validity of the patents covering Restasis" .
This is only the beginning...
This is only the beginning...
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