Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Press Releases

Fish Wins Patent Infringement Suit for Allergan, Inc. Over Leading Glaucoma Drug

October 26, 2009

Press Releases

Fish Wins Patent Infringement Suit for Allergan, Inc. Over Leading Glaucoma Drug

October 26, 2009

Back to News Listing

Wilmington, DE, October 26, 2009 – Fish & Richardson has won an important Hatch-Waxman pharmaceutical litigation for client Allergan, Inc. (NYSE:AGN) in its patent infringement suit against Apotex, Inc. and Apotex Corp. (Apotex) and Exela PharmSci, Inc. and Exela PharmSci Pvt., Ltd. (Exela), for seeking to market purported generic versions of Allergan’s drugs ALPHAGAN(R) P (brimonidine tartrate ophthalmic solution) 0.1% and 0.15%.

On October 23, 2009, the U.S. District Court for the District of Delaware ruled that all five patents (U.S. Patent Nos. 6,627,210; 6,641,834; 6,673,337; 6,562,873; and 5,424,078) asserted by Allergan are valid and enforceable against the defendants, that Apotex’s proposed generic versions of ALPHAGAN(R) P 0.1% and 0.15% infringe each of the five patents, and that Exela’s proposed generic version of ALPHAGAN(R) P 0.15% infringes U.S. Patent No. 6,641,834, which was the only patent asserted against it.  The decision follows a March 2009 trial.

Pursuant to the Hatch-Waxman Act, the U.S. Food and Drug Administration is required to delay approval of Apotex’s and Exela’s proposed generic products until the last infringed patent expires in 2022.

“This was a major victory for our client Allergan and we are very pleased with the court’s decision,” said Jonathan Singer, a principal at Fish & Richardson who heads the firm’s pharmaceutical litigation practice and represented Allergan in the litigation.  “This was a hard-fought case, but the decision validates Allergan’s commitment to researching new therapies.  It’s a good day for companies that put their research and development dollars into developing new technology.”

The trial team for Allergan was led by Southern California principal Juanita Brooks. The team also included principals William Marsden (Delaware), Chad Shear (Dallas), Steven Carlson (Silicon Valley), and Jonathan Singer (Twin Cities).

Stay current with Fish Sign up for our Newsletter