- “Falsely claiming [to the PTO] that clinical data showed unexpected effectiveness and surprising test results of its purported inventions.”
- Wrongfully listing “second wave” Restasis patents in the Orange Book.
- Filing sham infringement suits against generic drug makers.
- Attempting to enforce patents where invalidity is clear. “But simply by filing these suits, Allergan guaranteed that its competitors would not get to market for two-and-a-half years.”
- Sham transfer of rights to the Mohawk tribe to avoid challenges to the patent validity.
- Filing multiple petitions to delay approval of generic versions.
The outcome of the antitrust lawsuits will at least partially depend upon the pending PTAB IPR proceedings. The patents at issue were invalidated following a bench trial in the E.D.Tex. with Federal Circuit Judge Bryson sitting by designation as the trial court. Allergan has appealed that order.