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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!