Teva Suit Over Generic Version of Restasis Comes Up Short

Generic drug giant Teva Pharmaceuticals Ltd. lost its bid to get a court to rule on its first-to-file exclusivity rights on a generic version of the blockbuster dry eye drug Restasis.

Judge Randolph D. Moss of the U.S. District Court for the District of Columbia tossed the case because Teva didn’t have standing to maintain the suit against the government because it hadn’t shown evidence it would suffer an imminent injury.

The decision means Teva must wait to challenge the Food and Drug Administration’s interpretation of first-to-file exclusivity rights until after the FDA acts acts on any of the generic ...