In re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litig.
This multi-district litigation addresses defendant Allergan's alleged actions to improperly delay the market entry of generic competitors to its dry-eye medication Restasis®. End-Payor Plaintiffs (EPPs), representing health and welfare funds, assert they overpaid due to Allergan's monopolistic conduct, including filing sham citizen petitions, defrauding the USPTO, and using tribal sovereign immunity. Allergan moved to dismiss various state antitrust and consumer protection claims. The court, presided over by Judge Nina Gershon, granted in part and denied in part Allergan's motion, dismissing some claims (e.g., Missouri, Pennsylvania, Vermont due to standing or reliance requirements, and portions of Arkansas claims post-August 1, 2017) while allowing others to proceed (e.g., Florida, Hawaii, Minnesota, Tennessee, Wisconsin, California, Colorado).