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posted by Fnord666 on Monday September 11 2017, @10:41PM   Printer-friendly
from the clever-lawyers dept.

Dr. Lowe has scary patent news. Allergan's patent on Restasis is being questioned in court.

Last December, the US Patent Office granted an inter partes review of the relevant patents, a decision that did not go down well with Allergan or its investors. That form of patent review has been around since 2011 and the America Invents Act, and its purpose is specifically for prior art objections to a granted patent.

Looks bad for Allergan, but then they got sneaky. They transferred the patent rights to St. Regis Mohawk Indian Nation. Why? The Indian Nation is a sovereign nation, and our patent laws don't apply to them.

Scary stuff.


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  • (Score: 3, Interesting) by Runaway1956 on Monday September 11 2017, @11:24PM

    by Runaway1956 (2926) Subscriber Badge on Monday September 11 2017, @11:24PM (#566464) Journal

    Ants nailed it.

    The reservation west of Buffalo was making a killing with cigarette sales after New York did the progressive thing, and taxed cigarettes at insane rates. The same progressive crowd who wanted to prohibit cigarettes and tobacco use went crazy.

    Senecas Clash With Police Over Tax Ruling
    Published: July 17, 1992

    CATTARAUGUS INDIAN RESERVATION, N.Y., July 16— A tax war between Seneca Indians and New York State grew more divisive today as Indians dropped burning tires off a highway overpass and clashed with state police.

    Thirteen protesters were arrested and at least four state troopers were injured, including the force's commander in western New York.

    About 200 Indians began burning tires and other debris about 7 P.M. Wednesday to protest taxes the state wants to impose on the sale of gasoline and cigarettes at reservations.

    About midnight, protesters started throwing burning debris from an overpass onto the Gov. Thomas E. Dewey Thruway, which borders the Cattaraugus Indian Reservation 30 miles southwest of Buffalo. 30-Mile Stretch Closed
    http://www.nytimes.com/1992/07/17/nyregion/senecas-clash-with-police-over-tax-ruling.html [nytimes.com]

    1996 JR’s Smokeshop begins internet sales of tobacco products on the Cattaraugus Territory. Western Door Enterprises begins internet sales of tobacco products on the Allegany Territory.
    1997 The Onöndowa'ga:' protest New York State’s attempt to collect sales tax on the Allegany and Cattaraugus Territories. They “shut down” Routes 17 and 90 on those territories in protest. The protest ends without serious injuries. The state backs off on the collection of state taxes.

    https://www.senecamuseum.org/Educators/Seneca-History-Timeline.aspx [senecamuseum.org]

    https://ag.ny.gov/press-release/ag-schneiderman-sues-major-contraband-cigarette-dealers-evading-state-taxes [ny.gov]

    http://feathernews.blogspot.com/2008/10/nyc-mayor-sues-to-stop-cigarette-sales.html [blogspot.com]

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