The Joseph Saveri Law Firm has filed an antitrust class action against Allergan, Inc., for an alleged scheme to delay generic competition to Allergan’s blockbuster Restasis drug (used primarily for the treatment of chronic dry eyes).  The firm brought suit on behalf of its client and named class representative, the Self-Insured Schools of California (“SISC”).  SISC is a Joint Powers Authority providing health benefits to over 300,000 public school district employees and their family members.

The firm has filed the only action against Allergan that asserts a nationwide class claim to recover antitrust damages on behalf of all end-payors in the United States.

The Class Action Complaint alleges that Allergan unlawfully extended its monopoly in the market for Restasis through a series of fraudulent and anticompetitive acts, including:

  • Committing fraud on the U.S. Patent and Trademark Office to gain approval for a second wave of patents extending Allergan’s Restasis monopoly;
  • Filing sham citizen petitions to the U.S. Food and Drug Administration to delay approval of competing generic drugs;
  • Aggressively pursuing meritless infringement actions against generic drug makers; and
  • Assigning the contested patents to an Indian Tribe in an unlawful attempt to divest the Patent and Trademark Appellate Board of jurisdiction when it appeared likely that the Board was poised to invalidate them.

The suit is currently part of a Multi-District Litigation pending in the Eastern District of New York.

Please contact the Firm at (415) 500-6800 or by email for more information