Court Denies Restasis Antitrust Motion To Dismiss

A federal judge in the Eastern District of New York has denied a motion to dismiss complaints filed on behalf of purchasers of a prescription dry eye treatment called Restasis. The complaints allege that the pharmaceutical giant Allergan, maker of Restasis, has engaged in a multiyear anticompetitive scheme to delay generic competition. Allergan argued that the complaint did not adequately allege that its actions caused delay. Judge Nina Gershon denied the motion, holding that Allergan’s “arguments that plaintiffs’ allegations are implausible, and that the court should dismiss the case for failure to plead causation, are meritless.” Rather, plaintiffs’ allegations that “Allergan’s efforts bore fruit in causing delay” are “logical and amply support the plausibility requirement.” Judge Gershon held that it is “plausible that Allergan’s actions resulted in a delay in the approval process that continues to this day.”  Girard Sharp represents Sergeants Benevolent Association Health & Welfare Fund and serves as co-lead counsel for end purchasers of Restasis. More details about the decision can be found here  The opinion can be found here


Practice Areas