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Bill drafted by senator Mccaskill to respond to the Allergan Patent Maneuver

NEW YORK (Reuters) – Democratic U.S. Senator Claire McCaskill mentioned in the bill drafted by her that  tribal sovereign immunity cannot be used to block U.S. Patent and Trademark Office review of a patent.

Drugmaker Allergan Plc made an agreement with the Native American tribes to transfer some of its patents to them in order to protect them from review and the tribe agreed to exclusively license them back to the company in exchange for ongoing payments..

McCaskill’s cooperation of two political parties of U.S. House of Representatives committee decisions to investigate the deal called by the democratic senators in order to investigate.

McCaskill mentioned that any ordinary prudent person with a rational thought would describe the company’s deed as “illegal” and this bill would stop the use of American native tribes to be used by the pharmaceutical companies to avoid challenges to patents. Allergan was unavailable to comment.

However, the tribe did not support the movement taken by Mc Caskill and issued a statement issued a statement expressing outrage to such move.

Allergan argued that the main motive of the legal movement is to remove administrative patent challenges through the reviews of inter parties by the U.S. Patent Trial and Appeal Board, and not challenges in federal court.

The Drugmaker further believes that the patents should not be subject to the IPR process – which is flawed and broken according to Allergan   – because of the tribe’s sovereign immunity.

The company still faces a challenge to the patents in federal court.

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