Allergan Loses 'Meritless' Bid To Gut Restasis Antitrust MDL

Law360 (September 19, 2018, 6:23 PM EDT) -- A New York federal judge has shot down Allergan Inc.'s "meritless" effort to eviscerate multidistrict litigation that alleges antitrust violations aimed at protecting dry-eye drug Restasis, saying it's plausible that the company acted dishonestly to stymie generic competition.

In a ruling released Tuesday, U.S. District Judge Nina Gershon sided with union benefit plans and various pharmaceutical purchasers that accuse Allergan of misconduct meant to hinder generics. In rejecting Allergan's motion to dismiss, Judge Gershon declined to apply the so-called Noerr-Pennington doctrine, which shields good-faith petitioning of the government even if it results in a competitive edge.

Judge Gershon cited two reasons for...

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