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Companies throughout the United States, and Texas in particular, spend thousands and even millions of dollars bringing a new product to market. If the product is considered to be a drug, in addition to the development of the product, the company must spend money seeking Food and Drug Administration approval. Additionally, at the center of any new product launch is the need for patents and patent law protection.

Recently, Allergan, a popular pharmaceutical company, apparently became concerned with issues surrounding its patent of the drug Restasis. Restasis is an eye drop type drug that is used to treat conditions associated with dry eyes. Upon development of the product, Allergan apparently patented the product and is afforded patent law protection for the duration of the patent.

Typically, in the pharmaceutical industry, products are patented for a period of time. Upon expiration of the patent, generic products can become available to the general public. In what appears to be an effort to prevent generic products from entering the market, Allergan has sold its patent for Restasis to a Native American Indian Tribe. As this tribe is not subject to typical American regulations and laws, it looks as if this is an attempt to prevent generic products from entering the market.

Companies spend countless hours and dollars developing new products for the Texas market. As such, it is no wonder that companies will go to extremes to protect their patents using any means possible under patent law. As companies seek to protect their patents or explore options available to companies seeking to produce generic products, experienced legal counsel can prove invaluable in navigating the current legal system.

Source: gizmodo.com, "Why a Drug Company Is Selling Patents to a Native American Tribe", Ryan F. Mandelbaum, Sept. 12, 2017

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