Discover your next big idea for life sciences at PACK EXPO Las Vegas
Experience a breakthrough in life sciences packaging—explore solutions from 2,300 suppliers spanning all industries, all in one place this September

Senator Seeks to Close Tribal Patent Loophole

Senator Claire McCaskill has introduced a bill aimed at ending the practice of exploiting tribal sovereign immunity to protect patents.

Senator McCaskill isn't amused. / Image: FiercePharma
Senator McCaskill isn't amused. / Image: FiercePharma

Last month, we posted a Quick Hit covering a fascinating strategy in which Allergan licensed its own patent on eye drug Restasis from a Mohawk tribe in an attempt to protect its patent. The unique method had been used prior by tech companies, but somewhat surprisingly, this marked the first time it had appeared in the pharmaceutical space. Word of the deal garnered national attention and some feared it could lead to a cascade of similar deals. However, a recent FiercePharma article says Sen. Claire McCaskill is out to close the loophole and prevent similar deals from taking place.

According to a release from Sen. McCaskill’s office, the bill stipulates that tribal sovereign immunity cannot be applied to the inter partes review process at the U.S. Patent Trial and Appeal Board.

"Any thinking person would look at what this company did and say, ‘That should be illegal,'" Sen. McCaskill said in a statement on Thursday. "Well, I agree. Congress never imagined tribes would allow themselves to be used by pharmaceutical companies to avoid challenges to patents, and this bill will shut the practice down before others follow suit.”

Pharmaceutical Innovations Report
Discover the latest breakthrough packaging technologies shaping the pharmaceutical sector. This report dives into cutting-edge innovations, from smart containers that enhance patient safety to eco-friendly materials poised to transform the industry’s sustainability practices. All from PACK EXPO. Learn how forward-thinking strategies are driving efficiency and redefining what’s possible in pharma packaging.
Learn More
Pharmaceutical Innovations Report
List: Digitalization Companies From PACK EXPO
Looking for CPG-focused digital transformation solutions? Download our editor-curated list from PACK EXPO featuring top companies offering warehouse management, ERP, digital twin, and MES software with supply chain visibility and analytics capabilities—all tailored specifically for CPG operations.
Download Now
List: Digitalization Companies From PACK EXPO