Over 30 technology companies including Alphabet Inc, Amazon.com Inc and Facebook Inc. on Friday urged a U.S. patent court to disregard drugmaker Allergan Plc’s contention that its transfer of some of its patents to a Native American tribe shields them from the court’s review.
Two trade groups comprised of tech industry leaders argued in a joint brief submitted to the U.S. Patent Trial and Appeal Board that the board has the right to review the validity of patents covering the dry eye medicine Restasis that Allergan transferred to the Saint Regis Mohawk Tribe in a deal announced in September.
“This panel’s statutory authority to review whether the Restasis patents were properly granted as a matter of federal law does not and should not depend on the identity of the patents’ owner,” said the trade group.
Allergan is arguing the tribe’s sovereign status means the patent review board, an administrative court, has no jurisdiction over the transferred patents. The tribe agreed to exclusively license the Restasis patents back to Allergan in exchange for ongoing payments.
Story from Reuters.