Allergan Sues Alcon Over Alphagan Patent

Law360, New York (August 25, 2004, 12:00 AM EDT) -- Allergan, Inc. has sued Alcon, Inc. for patent infringement over its plans to make a generic version of its Alphagan eye drops.

The lawsuit, filed Tuesday in the U.S. District Court for the District of Delaware, names Alcon and two subsidiaries as defendants.

Allergan, best known for its Botox treatment, said it filed the lawsuit in response to Alcon's filing of a New Drug Application with the U.S. Food and Drug Administration (FDA) under section 505(b)(2) of the Federal Food, Drug and Cosmetic Act.

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