Exela Didn't Infringe Alphagan IP: Fed. Circ.

Law360, New York (May 19, 2011, 4:39 PM EDT) -- The Federal Circuit on Thursday reversed a ruling that Exela PharmSci Inc.'s proposed generic version of Allergan Inc.'s glaucoma treatment Alphagan infringed a patent, while affirming an injunction on Apotex Inc.'s proposed generic of the drug.

A three-judge panel for the appeals court issued a ruling involving five patents, affirming-in-part and reversing-in-part two district court rulings, one involving Apotex's allegations that the patents were invalid and the other involving a finding that Exela infringed.

Allergan sued both Apotex and Exela in separate courts, each alleging that...
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