Restasis Payors Defend Class Cert. Bid In Allergan Suit

Law360 (October 11, 2019, 6:26 PM EDT) -- A group of Restasis buyers on Friday defended class certification in their New York federal suit accusing Allergan of boosting profits by delaying a cheaper generic version of the dry-eye medication, saying they share numerous, common antitrust injuries.

Allergan filed papers the day before asking the court to turn down the certification bid, saying it's not justified because many brand-loyal customers wouldn't have dropped Restasis anyway, even with a generic on the market.

Generally, the multidistrict litigation claims Allergan used tactics such as fraudulently obtaining secondary patents and trying to get tribal immunity to stave off generic competition for the popular...

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