Case Number: No. 1:18-md-02819

Practice Area: Antitrust

Case Status: Settled

Settlement Amount: $51.25 million

Court: United States District Court for the Eastern District of New York

Berger Montague served as class counsel and obtained a $51.25 million settlement for the class of direct purchasers of the prescription drug Restasis in this antitrust class action litigation against the defendant Allergan. The case was litigated in the United States District Court for the Eastern District of New York and captioned In re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation, No. 1:18-md-02819 (E.D.N.Y.).

Led by David F. Sorensen and Ellen T. Noteware of Berger Montague, the plaintiffs alleged that defendant Allergan committed a series of anticompetitive acts designed to delay competition in the market for its blockbuster ophthalmic drug Restasis (cyclosporine emulsion), including fraudulently obtaining patents from the Patent & Trademark Office, fraudulently listing those patents with the FDA, entering into sham patent lawsuits against potential generic competitors, filing repeated meritless citizen petitions with the FDA designed to slow approval of the generic competitors, and fraudulently transferring the patents to the Mohawk Tribe as a means of preventing legal challenges to the validity of the patents. The result of Allergan’s scheme was the prices for Restasis (cyclosporine emulsion) were higher than they otherwise would have been.

If you or your company has been harmed by anticompetitive conduct or any conduct that you believe violates the antitrust laws, please contact Berger Montague.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

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