Fed. Circ. Ends Sales Ban On Generic Latisse

Law360, New York (June 10, 2014, 4:18 PM EDT) -- The Federal Circuit on Tuesday lifted an injunction on generic versions of Allergan Inc.'s eyelash growth stimulant Latisse planned by Apotex Inc. and others, ruling that two patents covering the drug are invalid.

The appeals court ruled that U.S. District Judge Catherine C. Eagles incorrectly held that Allergan's patents on the drug were not obvious when she imposed an injunction on the generic versions. The Federal Circuit reversed and held that both patents are in fact obvious and that the judge had failed "to take into...
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