Allergan Restasis Antitrust

Skip to main content CASES Tipline 1-888-381-2889 Main navigation Cases Attorneys All Attorneys Steve W. Berman, Managing Partner Thomas M. Sobol, Executive Robert B. Carey, Executive France Team U.K. Team Newsroom Press Releases Blog Practices Anti-Terrorism Antitrust Litigation Automotive Litigation Child Sexual Abuse Civil & Human Rights Litigation Class Action Consumer Rights Data Breach, Privacy & Cybersecurity Emissions Litigation Employment Litigation Environmental Litigation First Responder Litigation Governmental Representation High Tech Litigation Intellectual Property Investor Fraud Personal Injury Litigation Pharmaceutical Fraud Sexual Abuse & Harassment Sports Litigation Veterans & Military Servicemember Litigation Whistleblower About About the Firm Firm Story In the Media Our Advantage Contingency Fee Working at Hagens Berman Cycling Teams Success Landmark Cases Victories & Settlements Awards & Recognition Testimonials Contact Contact Us Offices Media Inquiries Careers Allergan Restasis Antitrust Case Status Settled Settlement Value $51.25 Million Case Caption In re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation Position Interim Lead Counsel Attorneys Thomas M. Sobol Kristen A. Johnson Hannah Brennan Jessica R. MacAuley Practice AreasAntitrust LitigationClass ActionPharmaceutical Fraud Court U.S. District Court for the Eastern District of New York Judge Assigned Hon. Nina Gershon Case Number 18-md-02819 Defendant(S) Allergan, Inc. File Date 11/17/2017 Related Documents Settlement Agreement 02/25/20 Order Denying Motion to Dismiss 09/18/18 Order Consolidating Cases Appointing Liaison, Class and Lead Counsel 04/04/18 Consolidated Amended Complaint 04/04/18 Complaint 01/16/18 Complaint 11/17/17 Allergan’s Motion to dismiss was denied on September 18, 2018. Discovery and expert reports were completed in December 2019. The direct purchaser class plaintiffs are currently seeking preliminary approval of a $51.25 million settlement with Allergan before the Court. 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 and expert reports were completed in December 2019. The direct purchaser class plaintiffs are currently seeking preliminary approval of a $51.25 million settlement with Allergan before the District Court for the Eastern District of New York. CASE TIMELINE 2021 Apr 8Court Grants Distribution of Settlement FundsJudge Nina Gershon has granted the distribution of the net settlement fund to direct purchaser plaintiffs, ordering that $51.25 million in settlements be awarded to the class.2020 Feb 25Case UpdateThe direct purchaser class plaintiffs are currently seeking preliminary approval of a $51.25 million settlement with Allergan before the District Court for the Eastern District of New York.2018 Sep 18Motion to Dismiss DeniedMotion to dismiss was denied on September 18, 2018. The parties are currently negotiating discovery responses and document review is ongoing.Apr 4Consolidated Amended Complaint FiledAfter several direct and indirect purchaser cases were consolidated in the Eastern District of New York, direct purchasers filed their consolidated amended class action complaint on April 4, 2018.2017 Nov 17Complaint filed Hagens Berman purchases advertisements on search engines, social media sites and other websites. Transmission of the information contained or available through this website is not intended to create, and receipt does not constitute, an attorney-client relationship. Hagens Berman agrees to protect transmitted information in accordance with our Privacy Policy. This website is informational, not legal advice. If you seek legal advice or representation by Hagens Berman, you must first enter a formal agreement. Past results do