JAN 15, 2014
Allergan’s patents for Lumigan 0.01% will remain in effect in the United States until they expire in 2025 and 2027, according to a ruling in a patent infringement lawsuit.
An opinion written by U.S. District Judge Michael Schneider found that Novartis AG’s Sandoz unit, Actavis Plc, Hi-Tech Pharmacal Co. and Lupin Ltd. would infringe on five of Allergan’s patents for the product. He rejected arguments that the patents were invalid and said regulatory approval for their generic versions of the product should not be granted until the patents expire.
The generic drug companies had argued that Allergan’s patents for Lumigan 0.01% were highly similar to ones for Lumigan 0.03%.
However, the judge noted that it took Allergan a year to develop a formula as effective as Lumigan 0.03% that reduced the side effect of red eye.