Allergan Restasis Antitrust
Motion to dismiss was denied on September 18, 2018. The parties are currently negotiating discovery responses and document review is ongoing.
The court appointed HBSS interim lead counsel of a proposed class of direct purchasers of the Allergan, Inc. dry-eye emulsion, Restasis. The purchasers allege the following that Allergan fraudulently obtained a series of patents for Restasis by misrepresenting that clinical trials newly showed that a lower strength Restasis formulation worked better than a stronger version. After securing these patents through fraud, Allergan then wrongly enforced those patents by listing them in the FDA’s Orange Book and filing sham litigations against potential generic competitors. Allergan also tried to circumvent the judicial process by selling its patent rights to the St. Regis Mohawk Tribe (which immediately licensed the patents back to Allergan) and claiming tribal immunity. Lastly, Allergan filed a series of sham citizen petitions with FDA asserting that FDA’s standards for ANDA approval were insufficient. These petitions delayed FDA from reviewing generic Restasis ANDAs and caused the approval of generic Restasis to be delayed.
On September 18, 2018, the Court denied Allergan’s Motion to Dismiss the purchasers’ complaint for failure to allege causation. Discovery is underway with trial set for January 2020.
In re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation
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