Pharmaceutical giant, Allergan, may have found a loophole in the patent system to extend its monopoly over its drug, Restasis. Generic drugmakers sought to invalidate Allergan’s patents on the dry eye medication in order to introduce generic, less expensive versions of the drug to consumers. These companies, led by Mylan, brought suit in district court as well as an inter partes review (IPR) proceeding before the U.S. Patent Trial and Appeal Board (PTAB), a process which makes patent challenges easier and less costly. In order to avoid IPR, which is simultaneously celebrated by patent challengers and loathed by drugmakers, Allergan…
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