U.S. Supreme Court Rejects Appeal Over Patents for Off-Market Uses of Drugs

Law360, New York (December 1, 2003, 12:00 AM EST) -- In a setback for research-based drugmakers, the U.S. Supreme Court declined to hear an appeal over patent rights for drugs prescribed for off-market uses.

Allergan had appealed to the Supreme Court to bar a unit of pharmaceutical companies Alcon and Bausch & Lomb from manufacturing brimonidine. The case is Allergan v. Alcon and Bausch & Lomb, 03-443.

Brimonidine is used as a drug therapy for open-angle glaucoma, an eye disease that can lead to blindness, but can also be effective in preventing the death of optic...
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