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The controversial patent deal between Allergan (AGN) and a Native American tribe is now engulfing the pharmaceutical industry trade group.

In a pointed letter, U.S. Sen. Claire McCaskill (D-Mo.) told the Pharmaceutical Research & Manufacturers of America that it should review whether Allergan’s sales of lucrative patents is in keeping with the organization’s boastful mission to “promote innovation and discourage predatory pricing practices and anticompetitive conduct.”

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The sale last month of six patents for the Restasis eye treatment to the St. Regis Mohawk tribe has been decried by critics as a clever — but alarming — legal tactic that is designed to forestall low-cost generic competition. The Restasis product line generated $1.4 billion in sales last year and the patents are not due to expire until 2024.

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  • These deals are turning out to be the life blood of the tribes. According to published sources there has been a drastic fall off in gaming revenues to the upstate NY Mohawks due to both a depressed economy and the weakness of the Canadian dollar. Looks like they’re in tough shape and the revenue from these patent deals looks to fill a needed revenue stream.

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