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U.S. Appeals Court Rules Against Allergan Over Validity of Restasis Patents

11/16/2018

Allergan’s patents on its blockbuster eye drug Restasis are invalid, a U.S. appeals court ruled, according to a Bloomberg report. Without issuing a formal opinion, the U.S. Court of Appeals for the Federal Circuit in Washington affirmed a trial court decision that the patents are invalid, in a victory for Teva Pharmaceutical Industries Ltd., Akorn Inc. and Mylan NV. The court ruling came a week after it heard arguments on the case.

Allergan had been counting on the patents to block generic competition until 2024; all other patents on the drug have since expired. Restasis brought in $1.5 billion last year, or 9.2 percent of the Madison, New Jersey-based company’s revenue. It’s the second-biggest money-maker behind the wrinkle treatment Botox.

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