Allergan's Restasis Patents Are Valid, Fed. Circ. Told
Law360, San Francisco (January 10, 2018, 8:55 PM EST) -- The Saint Regis Mohawk Tribe, which acquired Allergan Inc.'s patents on the dry-eye drug Restasis, urged the Federal Circuit on Tuesday to reverse a ruling that invalidated four of its Restasis patents as obvious, arguing that the lower court's decision to ax the patents is “fraught with legal error.”
In their opening brief, the tribe and drugmaker argued that the lower court’s decision to invalidate the patents is not supported by the law, and it "substitutes statistical analysis for common sense." They said the ruling raises a nearly impossible barrier for pharmaceutical companies by requiring them to show that their claimed...
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