FDA Approval Can't Nix Allergan Patent Obviousness: Sandoz

Law360, Washington (November 5, 2012, 3:30 PM EST) -- Generic-drug maker Sandoz Inc. urged a Federal Circuit panel on Monday to lift an injunction banning it from marketing a generic version of Allergan Inc.'s glaucoma medication Combigan, saying the lower court overemphasized the importance of U.S. Food and Drug Administration approval and ignored prior art.

Although physicians had prescribed combination treatments of brimonidine tartrate and timolol maleate — the active ingredients in Combigan — to open-eye glaucoma and ocular hypertension patients for years, Sandoz alleged the district court failed to recognize the significance of that...
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