Monday, October 16, 2017, Federal Circuit Judge William Bryson (sitting by designation in the Eastern District of Texas) ruled in favor of Sughrue's Client, Akorn, stating that four patents covering Allergan's dry eye drug Restasis® were invalid as obvious. In the 135 page opinion, Judge Bryson held as invalid and obvious all 13 asserted claims (representative of 113 claims) in 4 Orange Book Listed patents covering the drug Restasis®.
The litigation involved three generic drug companies: Mylan, Teva Pharmaceuticals USA Inc. and Akorn, Inc.
This decision came only weeks after Allergan had transferred the patents to the Saint Regis Mohawk tribe in an attempt to shield these patents from review by the PTAB. For purposes of the judgment, the Court allowed the Indian Tribe to join as co-plaintiff, without finding the patent assignment to them to be valid.
To read the entire decision, click here.