Angered by a controversial Allergan patent maneuver, Sen. Claire McCaskill (D-Mo.) on Thursday introduced a bill that prohibits tribal sovereign immunity from being used to block certain types of patent challenges.
Her move comes after Allergan transferred six patents for its best-selling Restasis eye treatment last month to a Mohawk tribe, which has sovereign immunity and is now attempting to use its status to block patent challenges filed by several generic drug makers.
Changing the law is the only recourse. In 1998 the Supreme Court, in the case of the Kiowa tribe of Oklahoma vs Manufacturing Technologies, Inc. ruled that Sovereign Tribal Nations are immune from civil lawsuits.
lmao, truly no one could have saw this coming. Good on McCaskill
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