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Press Releases

Fish & Richardson Wins Second Major Patent Infringement Suit for Allergan, Inc. Over Leading Glaucoma Drug

September 8, 2011

Press Releases

Fish & Richardson Wins Second Major Patent Infringement Suit for Allergan, Inc. Over Leading Glaucoma Drug

September 8, 2011

Back to News Listing

Wilmington, DE, September 8, 2011 – For the second time in under a month, Fish & Richardson has won an important Hatch-Waxman pharmaceutical litigation for client Allergan, Inc. (NYSE:AGN).  The case involved a generic version of Allergan’s patented LUMIGAN®, one of the leading treatments for high eye pressure in people with glaucoma.  Allergan sued Barr Laboratories, Inc., Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., and Sandoz, Inc. after they announced their plans to launch generic versions of LUMIGAN.

On September 8, 2011 the federal district court in Delaware ruled that Allergan’s patents on LUMIGAN (5,688,819 and 6,403,649) were valid and infringed.  The decision follows a five-day, January 31 to February 4, 2011 bench trial on the case.

Pursuant to the Hatch-Waxman Act, the FDA is required to delay approval of the five defendants’ proposed generic products until the last infringed patent expires in 2014, which means that Allergan’s market for LUMIGAN is protected for three more years.  LUMIGAN was approved by the FDA in 2001.

At trial, the defendants sought to show that Allergan’s patents were invalid and presented expert testimony to support that claim.  In its opinion, the court noted that the defendant’s expert’s “credibility was eviscerated on cross-examination.”

“This is another important win for our client Allergan, and we are very pleased that the court has validated our client’s hard work in improving the lives of people with debilitating eye disease,” said Juanita Brooks, a principal at Fish & Richardson who was lead trial counsel for Allergan, along with Fish principal Jonathan Singer.  “This is a victory for all companies that put their research and development dollars into developing breakthrough technology.”

On August 22, 2011, Brooks and Singer won a patent infringement case for Allergan against four defendants in federal court in Texas involving Allergan’s glaucoma drug COMBIGAN®, which is used for the treatment of glaucoma and ocular hypertension.

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