On September 26-27, 2019 Judge Nina Gershon conducted an evidentiary hearing regarding the End-Payor Plaintiffs’ class certification motion. On May 5, 2020, Judge Gershon issued an order certifying the End-Payor Class. Judge Gershon also issued an order granting End-Payor Plaintiffs’ motion under Federal Rule of Evidence 702 to exclude Allergan’s experts. The parties are currently concluding expert discovery.
The Joseph Saveri Law Firm is Co-Lead Counsel for End-Payor Plaintiffs in an antitrust class action filed against Allergan, Inc., for an alleged scheme to delay generic competition to Allergan’s blockbuster Restasis drug (used primarily for the treatment of chronic dry eyes). The firm brought suit on behalf of its client and named class representative, the Self-Insured Schools of California (“SISC”). SISC is a Joint Powers Authority providing health benefits to over 300,000 public school district employees and their family members.
The firm has filed the only action against Allergan that asserts a nationwide class claim to recover antitrust damages on behalf of all end-payors in the United States.
The Class Action Complaint alleges that Allergan unlawfully extended its monopoly in the market for Restasis through a series of fraudulent and anticompetitive acts, including:
- Committing fraud on the U.S. Patent and Trademark Office to gain approval for a second wave of patents extending Allergan’s Restasis monopoly;
- Filing sham citizen petitions to the U.S. Food and Drug Administration to delay approval of competing generic drugs;
- Aggressively pursuing meritless infringement actions against generic drug makers; and
- Assigning the contested patents to an Indian Tribe in an unlawful attempt to divest the Patent and Trademark Appellate Board of jurisdiction when it appeared likely that the Board was poised to invalidate them.
The suit is currently part of a multi-district litigation pending in the United States District Court Eastern District of New York.
Please contact the Firm for more information.
May 5, 2020
September 18, 2018
Judge Nina Gershon of the United States District Court for the Eastern District of New York denied Defendant Allergan’s Motion to Dismiss for Failure to Allege Causation. In its motion, Allergan did not challenge Plaintiffs’ allegations that it deliberately and repeatedly attempted to block generics from entering the market for Restasis. Allergan instead claimed that its efforts did not ultimately have their intended effect of delaying generic competition. Judge Gershon rejected Allergan’s arguments, holding that it is “plausible that Allergan’s efforts, which Plaintiffs allege were intended solely to impede generic entry into the market, worked.” She went on to deny Allergan’s motion in its entirety.
April 4, 2018
At a March 22, 2018 status conference, and later by an April 4, 2018 order, Judge Nina Gershon of the United States District Court Eastern District of New York appointed the Joseph Saveri Law Firm as Interim Co-Lead Counsel on behalf of End-Purchaser Plaintiffs.