Allergan Eye Antibiotic Patent Claims Ruled Invalid

Law360, Los Angeles (August 9, 2013, 8:48 PM EDT) -- Lupin Ltd. and Hi-Tech Pharmacal Corp. infringed a patent relating to Allergan Inc.'s pinkeye treatments Zymaxid through their proposed generic versions of the antibiotics, but the asserted claims in the patent are invalid because of obviousness, a Delaware federal judge ruled Friday.

U.S. District Judge Sue L. Robinson ended a consolidated patent infringement suit brought against Lupin and Hi-Tech by Allergan, Senju Pharmaceutical Co. Ltd., and Kyorin Pharmaceutical Co. Ltd., saying that while Lupin and Hi-Tech committed infringement, the asserted claims in the relevant patent are...
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