A lawsuit brought against Allergan in the U.S. District Court for the Eastern District of Texas claims Allergan defrauded the U.S. and Patent Trademark Office with "misrepresentations of fact" and that it submitted a wrongful FDA Orange Book listing and wrongful petitions to the agency. Further, the company filed "sham" lawsuits against would-be generic challengers to protect its unlawful patents, the suit contends. It's a proposed class action suit on behalf of purchasers who say they bought Restasis at "supracompetitive prices" due to the patent tricks. The eye drug's intellectual property shield should have expired in May 2014, the plaintiffs say, which means they overpaid hundreds of millions of dollars for Restasis since then.
I agree! If the patent office didn't agree with the patent, they shouldn't have issued them. There is a process to allow challenges to patents. Allergan has every right to defend its intellectual property.
Old news! Restasis is parked out back with the keys in the ignition… All yours go ahead and take it. Nothing will change the impact. Many people are going to lose their jobs in the organization and the revenue losses are already baked in.
