Allergan Settles Restasis Antitrust Claims for $51.2 Million


On February 25, 2020, a class of direct purchasers of brand Restasis (cyclosporine) eye drops moved in the United States District Court for the Eastern District of New York (Gershon, J.) for an order preliminary approving a $51 million settlement reached with Allergan over allegations that Allergan deployed a multi-faceted scheme to delay generic competition to its blockbuster Restasis eye drop franchise. 

The alleged scheme included Allergan’s attempt to transfer relevant Restasis patents to the Saint Regis Mohawk Tribe to invoke the Tribe’s sovereign immunity as a patent invalidation defense, a unprecedented tactic that sparked Congressional investigations as well as an amici filing from the Department of Justice.  Reviewing courts ultimately rejected the tactic -- what the DOJ characterized as Allergan’s “commercial rental of a tribe’s sovereign immunity” -- and the United States Supreme Court denied certiorari.

Faruqi and Faruqi, LLP is one of leading firms representing the direct purchaser class plaintiffs.
 

About Faruqi & Faruqi, LLP

Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour, personal injury and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Delaware, Georgia and Pennsylvania.

Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.

To schedule a free consultation with our attorneys and to learn more about your legal rights, call our offices today at (877) 247-4292 or (212) 983-9330.

About Bradley J. Demuth

Bradley J. Demuth's practice is focused on complex antitrust litigation with particular expertise in cases involving pharmaceutical overcharges resulting from delayed generic entry schemes, price fixing, and other anticompetitive conduct. Brad is a partner in the firm's New York office.

Tags: faruqi & faruqi, investigation, news, litigation, settlement notice, case, faruqi law, faruqi blog, faruqilaw, Bradley J. Demuth, antitrust litigation Bradley J. Demuth Bradley J. Demuth
Partner at Faruqi & Faruqi, LLP

New York office
Tel: (212) 983-9330
Fax: (212) 983-9331
E-mail: bdemuth@faruqilaw.com

Finding us

Our Offices


Our offices are nationwide. If you have any questions about a case or our firm, please contact us.

New York

685 Third Avenue 26th Floor
New York, New York 10017
(212) 983-9330
(877) 247-4292
(212) 983-9331

California

10866 Wilshire Boulevard Suite 1470
Los Angeles, California 90024
(424) 256-2884
(424) 256-2885

Delaware

3828 Kennett Pike Suite 201
Wilmington, Delaware 19807
(302) 482-3182
(302) 482-3612

Georgia

3975 Roswell Rd Suite A
Atlanta, Georgia 30342
(404) 847-0617
(404) 506-9534

Pennsylvania

1617 JFK Boulevard, Suite 1550
Philadelphia, Pennsylvania 19103
(215) 277-5770
(215) 277-5771

Faruqi & Faruqi office in New York, New York

Faruqi & Faruqi office in Los Angeles, California

Faruqi & Faruqi office in Wilmington, Delaware

Faruqi & Faruqi office in Atlanta, Georgia

Faruqi & Faruqi office in Philadelphia, Pennsylvania