WASHINGTON, D.C.—A U.S. Court of Appeals for the Federal Circuit on Tuesday declined to restore the invalidated patent claims for the blockbuster drug Restasis, a dry eye treatment marketed by Allergan plc. An earlier decision in a Texas court had ruled the Restasis patents were invalid. The decision by the appeals court here—which came without the court issuing a formal opinion—is accessible here. The defendants in Allergan’s lawsuit were Teva Pharmaceuticals, Akorn Inc. and Mylan Pharmaceuticals. The court issued its ruling just a week after hearing the arguments in the case.

Restasis accounted for about $1.5 billion in sales for Allergan in 2017, and is one of the leading products in the company’s portfolio. Allergan had sought to protect certain patents on the drug by transferring ownership of these patents to a Native American tribe (Saint Regis Mohawk Tribe) in September 2017, a move that set off a wave of controversy when it happened, as VMAIL reported.

Allergan had hopes that the patent protection via the St. Regis Mohawks would remain in play until 2024, thus preventing generic competition for its blockbuster drug.

The Food and Drug Administration (FDA) has yet to issue final approval to any of the generic drug companies who are in position to sell a generic version of Restasis. A judge in a federal court in Washington is in the midst of resolving a battle that has Teva seeking 180 days of exclusivity for marketing its generic version of the blockbuster, according to a Bloomberg News report.