Mylan Calls Allergan’s Tribal Deal a “Sham”

Sep 14, 2017

Generic drugmaker Mylan has accused rival Allergan of taking advantage of Native American sovereignty to protect its patent for the blockbuster dry-eye treatment, Restasis.

Last week, news broke that Allergan transferred patents on its blockbuster dry eye medicine, Restasis, to the St. Regis Mohawk Tribe in an attempt to shield the company's patents in administrative proceedings.

On Monday, counsel representing multiple parties involved in the inter partes review (IPR) proceeding called in to a telephone hearing regarding the case at the Patent Trial and Appeal Board. During the call, Mylan’s counsel, Richard Torczon, noted Mylan’s strong opposition to Allergan’s move, stating that, “this transaction is a sham. There's no reason to believe that it will lead to any success.”

Mylan also directed outrage towards the tribe, claiming “they have sought this out as an opportunity that they are marketing to patentees," and that they “are explicitly selling immunity."

Sales of Restasis, which totaled over $1.5 billion last year, account for about 15 percent of Allergan’s profits, according to Reuters.

Read the call transcript 
Read the Reuters coverage