Allergan False Marking Case Survives Dismissal Bid

Law360, New York (December 3, 2010, 1:15 PM EST) -- A federal judge has denied Allergan Inc.'s motion to dismiss a suit accusing the health care company of marking its Restasis prescription eye drop product with two expired patents.

Judge Amy St. Eve of the U.S. District Court for the Northern District of Illinois on Tuesday rejected Allergan's bid to escape the suit, which was brought by relator Thomas Simonian.

Allergan argued that Simonian had failed to meet the applicable pleading standards, and that even if it was true that Restasis was marked with two expired...
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