Allergan Asks Fed. Circ. To Revive Pinkeye Patent Suit

Law360, Washington (May 9, 2013, 6:39 PM EDT) -- Allergan Inc. and two Japanese pharmaceutical companies urged the Federal Circuit on Thursday to revive its second infringement suit against Apotex Inc. over a patent for the pinkeye treatment Zymar, saying Apotex has clearly infringed its newly narrowed claims.

According to Allergan, Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd., the narrowed claims have added a new cause of action to their infringement battle against Apotex, justifying the second complaint filing. While they believe the new suit should be heard by a Delaware federal court,...
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