Don't Revive Restasis Patents, Generic Cos. Urge Fed. Circ.

Law360 (March 8, 2018, 4:02 PM EST) -- A Texas federal judge rightly invalidated claims from four patents covering Allergan’s dry-eye medicine Restasis, as they directly copied earlier patents the drugmaker had filed, a trio of generic-drug makers told the Federal Circuit in a brief unsealed Wednesday.

While Allergan Inc. claims the newest patents stem from “unexpected results” at trials, Teva Pharmaceuticals USA Inc., Mylan Pharmaceuticals Inc. and Akorn Inc. say those results were directly outlined in earlier trials. The patented formulation, which relates to the efficacy of different doses of Restasis, works exactly...
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