Apotex, Others Ask Fed. Circ. To Nix Allergan Latisse Patents

Law360, Washington (February 5, 2014, 3:27 PM EST) -- Apotex Inc. and two other generic-drug makers pushed a Federal Circuit panel Wednesday to invalidate two Allergan Inc. patents for the eyelash growth stimulant Latisse and lift a permanent injunction against them, alleging the drug is covered by prior art.

Apotex, Sandoz Inc. and Hi-Tech Pharmacal Co. Inc. pointed the three-judge panel to several prior art references disclosing that bimatoprost — such as Allergan's Latisse product — and similar compounds used to treat glaucoma could promote hair and eyelash growth, which would nix Allergan's patent protection...
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