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Press Releases

Fish wins Hatch Waxman appeal for Allergan

May 24, 2011

Press Releases

Fish wins Hatch Waxman appeal for Allergan

May 24, 2011

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On May 19, 2011 Fish & Richardson won an appellate victory for Allergan in the Court of Appeals for the Federal Circuit.  Fish was trial counsel for Allergan in multi-district litigation regarding multiple ANDAs for Allergan’s glaucoma drugs ALPHAGAN P 0.15% and ALPHAGAN P 0.1%.  Fish prevailed in the trial court, winning a verdict of infringement, validity, and enforceability for Allergan on all five patents-in-suit.  On appeal, the Federal Circuit affirmed the verdict below, finding four of the patents in suit to be valid and infringed and affirming the entry of an injunction in the case against defendant Apotex on both drugs.

Juanita Brooks, a Principal in Fish & Richardson’s San Diego office, and Jonathan Singer, a Principal in Fish & Richardson’s Twin Cities office lead the effort for Allergan from the receipt of the first Paragraph IV certification in February, 2007 through the appeal.  Ms. Brooks was lead trial counsel in the district court, and Mr. Singer argued the appeal.

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