What color tie do you think he'll wear when he's hauled before a congressional panel? Will he get a touch-up of Botox before hand to look his best? What do you think the stock will do that day? When you're getting mentioned in the same breath as the Pharma Bro Shkreli.... that's not so good.
While I agree that the patent transfer was pretty creative, it is no more unfair that the whole IPR process is. Companies should not be subject to never ending patent reviews. If the federal courts already have jurisdiction that should be all that is needed. If they want to end something, end the double, triple, quadruple jeopardy by parties that clearly have a biased interest in the patent validity.
Allergan Brings The Roof Down On Its Head Oct. 20, 2017 4:48 PM • AGN Editor's note: This article was originally published October 17, 2017. In case you missed it, Allergan’s (NYSE:AGN) Restasis patent fight took a sudden turn Monday when federal judge William Bryson ruled in Texas to invalidate six of the company’s patents. That will not come as welcome news to either Allergan nor to the St. Regis Mohawk Nation, to whom the company (in)famously transferred those patent rights. “The judge also got off a good line about what seems so wrong about this whole deal. Allergan, he said, is trying to take advantage of “the considerable benefits of the U.S. patent system without accepting the limits that Congress has placed on those benefits“. Exactly. Heads I win, tails you lose. And, this sort of egregious loophole maneuver has given the drug industry yet another self-inflicted black eye, and probably to no purpose whatsoever. Smooth move, guys. How much did you pay for the advice to try this one out, exactly?”
My fear is that they caused an adverse ruling because they pissed off the judge. It seems to me they should of held off on the patent deal until the case was settled.
