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Allergan Loses Bid to Dismiss Restasis Antitrust Suit

September 21, 2018

Claims that Allergan repeatedly tried to delay Restasis generics from entering the U.S. market are plausible, a U.S. District Judge ruled last week, shooting down the pharmaceutical giant’s attempts to have the multi-district litigation dismissed.

Allergan moved to dismiss the complaints on grounds that they failed to “adequately allege causation.” But U.S. District Judge for the Eastern District of New York Nina Gershon found the drugmaker’s argument “meritless.”

“The inferences plaintiffs draw — namely, that Allergan's efforts bore fruit in causing delay — are logical and amply support the plausibility requirement,” Gershon said.

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