Allergan settles Restasis patent suit with InnoPharma, leaving three defendants

Allergan and InnoPharma settled patent litigation over Restasis (cyclosporine ophthalmic emulsion) yesterday, October 12, leaving three defendants still involved in a much publicised case.

In late 2015 Allergan sued InnoPharma, Teva, Akorn and Mylan for infringing patents that protect the dry eye treatment.

As LSIPR  reported yesterday, the trial in the case has been completed but Allergan has been asked to respond to the question of whether its patent licensing deal with a Native American tribe was a sham.

Allergan wants to add the Saint Regis Mohawk Tribe as a co-plaintiff in the case after it licensed patents to the tribe. The move came after Mylan had filed inter partes reviews (IPRs) against Restasis patents.

The tribe has since sought to dismiss the IPRs, citing its sovereign immunity to such challenges. Some have suggested that the deal, worth $13.75 million to the tribe, constitutes a misuse of this immunity, but Allergan denies this.

The settlement between Allergan and InnoPharma covers the six patents—US numbers 8,629,111; 8,633,162; 8,642,556; 8,648,048; 8,685,930; and 9,248,191—which are at the centre of the court dispute. They expire in 2024.

Under the terms of the deal, all litigation between the companies has been dismissed and InnoPharma will be licensed to market a generic version of Restasis in the US from February 2024, or earlier “under certain circumstances”.

“Additionally, under certain circumstances, Allergan will supply and authorise InnoPharma to launch an authorised generic version of Restasis on August 28, 2024,” the statement added.

Further details on the settlement were not disclosed.

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