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The St. Regis Mohawk Tribe and Restasis patent facts for kids

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St. Regis Mohawk Tribe Territroy
Location of the St. Regis Mohawk Tribe
Allergan headquarters
Allergan Headquarters in Irvine, CA

The case of Saint Regis Mohawk Tribe v. Mylan Pharms. Inc. was a big legal fight in the United States. It happened in 2018. This case was about whether Native American tribes have a special protection called sovereign immunity when it comes to patent lawsuits. A patent is like a special permission from the government. It gives an inventor the only right to make, use, or sell their invention for a certain time.

In September 2017, a large American drug company named Allergan made a deal. They agreed to transfer six patents for their eye medicine, Restasis, to the St. Regis tribe. The St. Regis tribe is part of the Mohawk people. At the time, the tribe thought this deal would bring them a lot of new money. This was a new way to earn income, different from their main business, which was gambling. After the deal, Allergan faced a lot of criticism. Many other companies and politicians, like Rep. Trey Gowdy, were upset. He was the chairman of the Committee on Oversight and Government Reform. He said the deal would "harm competition" in the drug industry.

What Happened Next

After the first court hearing, Allergan and the St. Regis Mohawk Tribe decided to appeal the decision. They used a legal idea called the Collateral Order Doctrine. This allowed them to challenge the court's ruling before the whole case was finished.

A Pause in the Case

A "stay" was put on the review of the Restasis patents. A stay means a temporary pause in legal steps. This pause was given to Allergan and the St. Regis Mohawk Tribe right after they appealed. They wanted to argue that sovereign immunity should protect the Restasis patents. The appeals court then listened to their arguments. This is called "oral arguments."

The Final Decision

The highest court in the U.S., the Supreme Court, made its final decision in April 2019. The court ruled that the Restasis patents could not be protected by sovereign immunity from a special patent review process. This means that other companies will likely be able to make cheaper versions of the Restasis drug. These are called "generic versions." An expert who studies the stock market, Ronny Gal, predicted that the Restasis drug would lose half of its sales that year.

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