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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: 2) by krishnoid on Tuesday September 12 2017, @06:00AM (1 child)

    by krishnoid (1156) on Tuesday September 12 2017, @06:00AM (#566559)

    Settled case law, the court won't even get to the point of examining the patent, it simply has no jurisdiction over the case ...

    Seems like that hasn't stopped governments before [wikipedia.org] -- but maybe that case wasn't an issue of jurisdiction.

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  • (Score: 2) by Arik on Tuesday September 12 2017, @06:16AM

    by Arik (4543) on Tuesday September 12 2017, @06:16AM (#566562) Journal
    That was a atrocious attempt, but it does not appear to be on point at all. There were no patent issues, and no direct invocation of sovereignty (Microsoft does not, yet? claim that.) So I'm not sure what the relevance would be.
    --
    If laughter is the best medicine, who are the best doctors?