Allergan faces fresh woes with Restasis patents as Walgreen, retailers file lawsuit over 'anticompetitive conduct'
Allergan’s patent troubles with Restasis mushroomed on Wednesday when four major US retailers teamed up to sue the drugmaker for a string of alleged antitrust violations.
Plaintiffs Walgreen, Kroger, Albertsons and HEB put it this way in a scathing complaint:
Allergan unlawfully maintained its monopoly through a scheme that included, inter alia, making material misrepresentations and omissions to the United States Patent and Trademark Office (“PTO”) that allowed it to obtain patents to which it was not entitled; improperly listing those patents in the FDA’s Orange Book; suing generic competitors for alleged infringement of those invalid and unenforceable patents; and then transferring ownership of the invalid patents to a sovereign Native American tribe in order to avoid judicial scrutiny of the patents.
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