Retailers Led By Walgreens Sue Allergan Over Restasis IP

Law360 (May 16, 2018, 10:07 PM EDT) -- A quartet of major U.S. retailers including Walgreen Co., Kroger Co., Albertsons Cos. Inc. and HEB Grocery Co. sued Allergan Inc. on Wednesday alleging antitrust violations, accusing the drugmaker of fibbing to the authorities to secure unlawful patents for its Restasis dry-eye disease medication.

Wednesday's complaint claimed Allergan then transferred the patents to New York's sovereign St. Regis Mohawk Tribe to escape potential inter partes review, all the while maintaining a monopoly by preventing generic competition to Restasis.

"But for these actions, generic Restasis would have been available in the [U.S.] on or shortly after May 17, 2014, and plaintiffs (as...

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