WASHINGTON, DC (May 18, 2018) –AAM filed an amicus brief in the U.S. Court of Appeals for the Federal Circuit calling on the court to reject gamesmanship of the patent system which keeps prescription drug prices high for patients. In this case, Allergan Inc. has transferred its patents to the St. Regis Mohawk Native American Tribe with the intent to use the tribe’s sovereign immunity to evade review of the drug company’s patents. AAM is joining with a diverse range of groups, including America’s Health Insurance Plans, in opposing this abuse of the patent system.
"If all pharmaceutical companies are allowed to shield their patents from the congressionally authorized processes for patent review under the America Invents Act, then patients seeking more affordable medicines lose," says AAM Senior Vice President and General Counsel Jeff Francer. “Such monetization of Native American tribal sovereign immunity would deal an extraordinary blow not only to the U.S. patent system, but to our health care system as well.”
View AAM’s brief in the case, Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc.