UPDATED: @ 3:15 PM EDT -- Well. . . all the operative motions due today have been. . . sealed. [Paging the New York Times and CNBC -- time to file a formal request, down in Texas. . . these are all of our courts. The case is pending in the Eastern District of Texas -- 2:15-cv-01455-WCB; Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. et al.; William C. Bryson, presiding.] I gather that the defendants oppose the joinder of the Tribe -- and that Allergan believes joining the Tribe will not waive the Tribe's sovereign immunity. Beyond that, we will have to wait for the able Judge Bryson's order -- in East Texas, to learn more. [Second Update -- at day's end, Friday -- by tomorrow, I will have a new post, on the defendants' opposition (public version), to joinder of the Mohawk tribe (claiming the whole Saunders-led transaction is a sham, to thwart the US patent system). Until then.
. . Blade Runner tonight -- and. . . End, updated portion; off to hit the food trucks for some red velvet cake, with cream-cheese icing!]
As several of my regular commenters have noted here, and at our other properties -- this odd-ball dispute does in fact relate to the original animating narrative surrounding this site, insofar as it is all being guided by Brent Saunders -- long a "Fast Fred" Hassan protégé, and confidant. It involves Allergan's Restasis®.
So we will track it -- starting today. Later today, we expect that the lawyers for Mr. Saunder's Allergan, at Fish, Richardson will explain for the able judge why, exactly, it is that the tribe has not yet joined the suit as a party.
That explanation is due by close of business today, Friday, but is not yet on file -- in the mean time, here is a six-page PDF of a background Allergan response to an order, from last week -- to get you up to speed if you haven't been following it in the newspapers (along with a pull-quote):
. . . .The Court’s October 6, 2017 Order (Dkt. 503) directed Allergan to provide the Court with “copies of those documents pertinent to the terms of the assignment of the patents-in-suit to the Tribe, including any information as to payments made or to be made either by the Tribe or by Allergan in connection with the transaction. . . .”
In its October 10 Order, the Court also directed Allergan to identify what the “good and valuable consideration” referred to in the assignment of the patents-in-suit to the Tribe “consisted of, and to provide any documentary evidence confirming the payment by the Tribe of any such consideration for the assignment of the patents.” (Dkt. 509 at 2-3.) The promises and commitments made by the Tribe in the simultaneously-executed assignment and license agreements, and the subsequent performance of those promises, provides such consideration. . . .
Now you know -- this one promises to be a barn burner -- with Judge Bryson highly skeptical of Mr. Saunders' attempt to game the existing US patent law dispute-, review-, expiration- and interference- systems. Stay tuned, and have a sparkling weekend, one and all -- I know I will, with a very dear adult niece in town late tonight, for a short visit -- before heading out to points west, by rail. . . . Good fun!
नमस्ते
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