A patent appeals board has issued a ruling that may undermine a highly controversial tactic Allergan employed to avoid a contentious type of patent challenge.

In a decision Tuesday, the U.S. Patent Trial and Appeal Board ruled an entity cannot claim sovereign immunity in order to deflect inter partes reviews, or IPRs, if it is party to a patent infringement lawsuit in a federal court. The decision came in a case not related to Allergan, but holds the potential for derailing a carefully crafted move by the company to escape an IPR for patents on a huge-selling drug.

Unlock this article by subscribing to STAT Plus. Try it FREE for 30 days!


What is it?

STAT Plus is a premium subscription that delivers daily market-moving biopharma coverage and in-depth science reporting from a team with decades of industry experience.

What's included?

  • Authoritative biopharma coverage and analysis, interviews with industry pioneers, policy analysis, and first looks at cutting edge laboratories and early stage research
  • Subscriber-only networking events and panel discussions across the country
  • Monthly subscriber-only live chats with our reporters and experts in the field
  • Discounted tickets to industry events and early-bird access to industry reports

Leave a Comment

Please enter your name.
Please enter a comment.

  • Excellent info. When would we know about ruling . Per stat plus team , how much are the chances for allergen to win the suit. Thank you

Sign up for our Daily Recap newsletter

A roundup of STAT’s top stories of the day in science and medicine

Privacy Policy