Axing Restasis Patents Would Stifle Innovation, PhRMA Warns

Law360, New York (January 31, 2018, 8:40 PM EST) -- The Pharmaceutical Research and Manufacturers of America on Wednesday warned the Federal Circuit that allowing a district court to invalidate four patents tied to the dry-eye medication Restasis will block innovation in the pharmaceutical industry, as it undercuts protections tied to drugs being successful and filling a “long-felt need.”

While Senior U.S. Circuit Judge William Bryson found that Restasis’ blockbuster success was the result of patent exclusivity, PhRMA said he provided no proof that those patents either “blocked or suppressed” others from researching a competing treatment.

The group contended that Allergan Inc. just needed to prove that its drug was commercially...

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