In re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litig., No. 18-md-2819 (E.D.N.Y.)

In the Restasis case, Faruqi & Faruqi represents a proposed class of direct purchasers of Restasis. The direct purchasers alleged that the drug’s manufacturer, Allergan, Inc., delayed entry of a generic version of Restasis by procuring patents by fraud, listing those fraudulently acquired patents in the Orange Book, filing serial sham petitions with the FDA, and transferring ownership of the fraudulently acquired patents to the Saint Regis Mohawk Tribe and asserting the Tribe’s sovereign immunity. A settlement of $51 million was reached with Allergan in February 2020 and was finally approved by the court on October 7, 2020.