The Court authorized the Notice because you have a right to know about a proposed class action Settlement, and about all of your options, before the Court decides whether to give final approval to the Settlement. The Notice explains the class action lawsuit, the Settlement, and your legal rights.

Judge Nina Gershon of the United States District Court for the Eastern District of New York is overseeing this case. The case is known as In Re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation, Case No. 18-md-2819. The Plaintiffs in this case are 1199SEIU National Benefit Fund; 1199SEIU Greater New York Benefit Fund; 1199SEIU National Benefit Fund for Home Care Workers; 1199SEIU Licensed Practical Nurses Welfare Fund; American Federation of State, County, and Municipal Employees District Council 37 Health and Security Plan; Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund; Ironworkers Local 383 Health Care Plan; Self-Insured Schools of California; Sergeants Benevolent Association Health & Welfare Fund; St. Paul Electrical Workers’ Health Plan; and United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. The Plaintiffs in this case are sometimes referred to as End-Payor Plaintiffs in the litigation documents because they are at the “end” of the distribution chain—they are consumers and third-party payors who did not sell Restasis® to anyone else. The Defendant is Allergan.

In a class action, one or more individuals or entities called “Class Representatives” (in this case, the Plaintiffs listed above) sue on behalf of those who have similar claims. All of these individuals or entities are a “Class” or “Class Members.” The court resolves the issues for all Class Members, except for those who properly exclude themselves from the Class (see Question 14). The Court has determined that this case can proceed as a class action.

Plaintiffs allege that Allergan obtained an illegal monopoly on Restasis® by submitting fraudulent patent applications to the U.S. Patent and Trademark Office (the “PTO”), obtaining fraudulent patents, and then listing those fraudulent patents in the Food and Drug Administration’s (the FDA’s) “Orange Book.” Specifically, Plaintiffs allege that Allergan procured these fraudulent patents by submitting misleading declarations, presentations, and filings to the PTO that falsely claimed to have found new and unexpected results for an old invention. Plaintiffs also allege that during the same period Allergan submitted lengthy, baseless citizen petitions to the FDA, and sued potential generic entrants for infringing the fraudulently acquired patents—tactics that Plaintiffs allege contributed to the delay of generic competition. Lastly, Plaintiffs allege that Allergan transferred ownership of its fraudulently acquired patents to the Saint Regis Mohawk Tribe and then claimed that its patents could not be challenged or thrown out because the Tribe was immune from certain types of patent challenges.

Plaintiffs claim that Class Members were injured as a result of the challenged conduct because they paid more for branded Restasis® than they would have paid for generic versions of Restasis® during the class period absent Allergan’s misconduct. A copy of Plaintiffs’ Corrected First Amended Consolidated Class Action Complaint and Demand for Jury Trial, dated December 6, 2018, is available on the Court Documents page of this website.

Allergan denies all of these allegations, including that Plaintiffs or Class Members are entitled to damages or any other relief. Among other things, Allergan contends that its actions in pursuing its patent rights were reasonable and had a legitimate basis, that its citizen petitions filed with the FDA had scientific and legal merit, and that generic versions of Restasis® have not been delayed by the conduct Plaintiffs challenge.

There has been no finding by the Court in this case that Allergan engaged in any wrongdoing.

This case does not involve the safety of Restasis®.

Plaintiffs have agreed to settle with Allergan. The lawsuit is pending in the United States District Court for the Eastern District of New York before Judge Nina Gershon. The Court has set a Final Approval Hearing for the proposed Settlement on July 12, 2022, at 2:00 p.m. EST. On August 2, 2022 and August 3, 2022, the Court entered Orders on the motions for final approval of the settlement, attorneys’ fees and expenses for class counsel, service awards for the Class Representatives and the set-aside order. Copies of these Orders can be found on the Court Documents page of this website.

The Class includes consumers and third-party payors (entities such as employers or insurers). Specifically, the Class includes:

1. Consumers: all persons who, from May 1, 2015 through July 31, 2021, purchased Restasis® in a pharmacy for their own use, or received Restasis® by mail-order prescription for their own use, in any of the following states: Arizona, Arkansas,* California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin.

2. Third-party payors: all entities that, from May 1, 2015 through July 31, 2021, paid for and/or provided reimbursement for some or all of the purchase price for Restasis® for use by their members, employees, insureds, participants, or beneficiaries, where such persons purchased the drug in a pharmacy or received Restasis® by mail-order prescription, in the following states: Arizona, Arkansas*, California, Colorado, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, West Virginia, and Wisconsin.

With respect to Arkansas only, Class Members must have purchased, paid for, and/or provided reimbursement for Restasis® between May 1, 2015 and July 31, 2017 . The Class does not include:

• Allergan, its officers, directors, employees, subsidiaries, and affiliates;

• Federal and state government entities except for cities, towns, municipalities, or counties with self-funded prescription drug plans;

• All persons or entities who purchased Restasis® for purposes of resale or directly from Allergan or its affiliates;

• Fully insured health plans (i.e., payors that purchased insurance covering 100% of their reimbursement obligation to members);

• Any “flat copay” consumers who purchased Restasis® only via a fixed dollar copayment that does not vary on the basis of the drug’s status as brand or generic;

• Pharmacy benefit managers; and

• Judges assigned to this case and their chambers’ staff and any members of the judges’ or chambers staff’s immediate families.

More information concerning the Class definition is included in the Certification Order and Settlement Agreement available on the Court Documents page of this website. Additionally, if you timely and validly exclude yourself (or “opt out”) from the Class, you will no longer be a Class Member.

If you are still not sure whether you are included, you can get more information at on the Court Documents page of this website, or get help by contacting the Notice and Claims Administrator using the contact information listed in Question 22.

Allergan settled with Plaintiffs for a total of $29,999,999.99. After deducting attorneys’ fees, expenses of the litigation, administrative costs, and service awards to Class Representatives, the net fund remaining will be distributed to consumers and third-party payors who submit valid and timely Claim Forms. For more details, please see the Plan of Allocation, which is available on the Court Documents page of this website.

Recoveries will generally be calculated based on how much each Class Member purchased, paid for, and/or reimbursed all or part of the cost of Restasis® from May 1, 2015, through July 31, 2021 (or, in Arkansas, May 1, 2015 through July 31, 2017), compared to the amounts paid by all other Class Members who file valid and timely Claim Forms. Additional details of how your recovery will be calculated can be found in the proposed Plan of Allocation, which is available on the Court Documents page of this website. Each Class Member who files a valid and timely Claim Form will receive a payment of at least $15, subject to the ability of the net fund to pay such amounts given the number of Class Members who file valid and timely Claim Forms in their Allocation Pool, as defined by the Plan of Allocation. Please note that the Court has the authority to modify the proposed Plan of Allocation as part of the approval process, so the calculation of your payment might change.

If you do nothing, you will be bound by the terms of the Settlement and won’t get any money from the Settlement.

The Settlement Agreement is available on the Court Documents page of this website. The Settlement Agreement specifically describes the released claims, in accurate legal terminology, so read it carefully.

The deadline to submit a proof of claim has passed.

You may no longer comment on or object to the Settlement. The deadline passed on June 7, 2022.

You may no longer comment on or object to the Settlement. The deadline passed on June 7, 2022.

You may no longer request exclusion from the Class. The deadline passed on May 3, 2022.

You may no longer request exclusion from the Class. The deadline passed on May 3, 2022.

No. Unless you exclude yourself, you give up any right to sue Allergan separately from this class action, individually or on a class basis, for the claims being resolved by this lawsuit. However, you may no longer request exclusion from the Class. The deadline passed on May 3, 2022.

Yes. The Court appointed Girard Sharp LLP, Lieff Cabraser Heimann & Bernstein, LLP, and Joseph Saveri Law Firm, Inc. as “Class Counsel,” and Zwerling, Schachter & Zwerling, LLP as “Liaison Counsel” to represent the interests of the Class. Their contact information is below:

Class Counsel will request an award from the Court for attorneys’ fees not to exceed one-third of the total amount of the Settlement Fund plus any accrued interest, plus reimbursement for the costs and expenses they advanced in litigating the case not to exceed $5,250,000. All awards for attorneys’ fees and expenses shall be paid from the Settlement Fund after the Court approves them.

Class Counsel will also request a service award of up to $20,000 to be paid to each of the Class Representatives who worked on behalf of the entire Class to achieve the results of the Settlement. The aggregate amount will not exceed $200,000.

Class Counsel filed a Motion for Entry of a Set-Aside Order, a copy of which is available on the Court Documents page of this website or by contacting the Notice and Claims Administrator. Class Counsel’s motion requests that 12.5% of any settlement or recovery obtained by a Class Member that excluded itself from the Class be deposited into an escrow account, and that Class Counsel be permitted to seek payment from that amount as compensation for the work they performed that benefitted the Class Member that excluded itself.

On August 2, 2022 and August 3, 2022, the Court entered Orders on the motions for final approval of the settlement, attorneys’ fees and expenses for class counsel, service awards for the Class Representatives and the set-aside order. Copies of these Orders can be found on the Court Documents page of this website.

The Court held a Final Approval Hearing on July 12, 2022, at 2:00 p.m. Eastern Time. On August 2, 2022 and August 3, 2022, the Court entered Orders on the motions for final approval of the settlement, attorneys’ fees and expenses for class counsel, service awards for the Class Representatives and the set-aside order. Copies of these Orders can be found on the Court Documents page of this website.

No. Attendance is not required. Class Counsel is prepared to answer questions on your behalf. Class Members who filed and served written comments or objections may (but do not have to) attend the Final Approval Hearing virtually, themselves or through an attorney hired at their own expense.

The Court held a Final Approval Hearing on July 12, 2022, at 2:00 p.m. Eastern Time. On August 2, 2022 and August 3, 2022, the Court entered Orders on the motions for final approval of the settlement, attorneys’ fees and expenses for class counsel, service awards for the Class Representatives and the set-aside order. Copies of these Orders can be found on the Court Documents page of this website.

The Notice only summarizes the Settlement. You can get a copy of the Settlement Agreement, Plan of Allocation, Claim Forms, and other important documents on this website. You may also write to Restasis Settlement, c/o A.B. Data, Ltd., P.O. Box 173107, Milwaukee, WI 53217, email info@RestasisLitigation.com, or call the Notice and Claims Administrator at 1-877-868-6810.

Complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Clerk’s office during normal business hours, but subject to any closures caused by the current health crisis. The address is United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York 11201.