New Data Rescues Zymar Patent, Allergan Tells Fed. Circ.

Law360, Washington (October 4, 2012, 6:54 PM EDT) -- Allergan Inc. told a Federal Circuit panel on Thursday that a Delaware federal judge failed to give adequate weight to new scientific evidence supporting its pinkeye treatment patent in its infringement fight with Apotex Inc., arguing that the new experiments showed the patent wasn't obvious.

Allergan, Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd. submitted data from the experiments testing solubility and precipitation of the active ingredient in Allergan's pinkeye treatment Zymar to the Delaware federal court after the case had already been dismissed. Although...
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