Fed. Circ. Upholds Allergan Win Over Lumigan Patent

By David McAfee (January 28, 2013, 10:23 PM EST) -- The Federal Circuit on Monday ruled in favor of specialty pharmaceutical company Allergan Inc., affirming a district court's ruling that two generic-drug makers would infringe on Allergan's patent if they continued plans to manufacture a generic version of glaucoma drug Lumigan.

A three-judge appellate panel echoed the district court's ruling that after their expert testimony was discredited at trial, Barr Laboratories Inc. and Sandoz Inc. had failed to prove their claim that the patent was invalid because it was based on prior art and obvious.

"Although in some cases, the legal determination of obviousness may include recourse of logic, judgment, and...

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