Texas Court Rules That Allergan's Restasis Patents Are Invalid as Obvious

On October 16, 2017, following a one-week bench trial, Federal Circuit Judge William Bryson (sitting by designation in the Eastern District of Texas) ruled that Mylan, Teva, and Akorn had proven clearly and convincingly that four of Allergan's patents covering the eye drop, Restasis, were invalid as obvious. Wilson Sonsini Goodrich & Rosati represented Mylan at trial.

Restasis is a blockbuster dry-eye treatment with sales exceeding $1 billion dollars per year. Allergan sought an order preventing the defendants from launching their generic versions of Restasis before the expiration of six patents in 2024. Allergan agreed to drop two of those patents before trial.

Judge Bryson's decision held that Mylan and its co-defendants had proven by clear and convincing evidence that the asserted claims are invalid for obviousness. At trial, WSGR handled the cross-examination of Allergan's main obviousness expert witness and conducted the direct examinations of the defendants' primary obviousness expert witnesses as well as the defendants' economics expert.

The WSGR team representing Mylan in the matter included partner Doug Carsten; associates Wendy Devine, Anna Phillips, Christina Dashe, Jacqueline Altman, Alina Litoshyk, Nellie Amjadi; and paralegals Kathryn Robinson and Christina Ely.

For additional information, please see the court's ruling.