(Source: Datamonitor)
Allergan, a multi-specialty healthcare company, has reported that the US District Court of Delaware ruled in favor of the company in its patent infringement suit against Exela PharmSci Inc, Exela PharmSci, Apotex Inc and Apotex for seeking to market purported generic versions of Allergan's drugs Alphagan P 0.1% and 0.15%.
Specifically, after a trial in March of 2009, the court ruled that all five patents asserted by Allergan are valid and enforceable, that Apotex's proposed generic versions of Alphagan P 0.1% and 0.15% infringe each of the five patents, and that Exela's proposed generic version of Alphagan P 0.15% infringes US patent, which was the only patent asserted against it.
Pursuant to the Hatch-Waxman Act, the FDA is required to delay approval of defendants' proposed generic products until the last to expire of the infringed patents, which is 2022.
According to Allergan, Alphagan P 0.1% and 0.15% are indicated for lowering elevated intraocular pressure in patients with open-angle glaucoma and ocular hypertension.
Douglas Ingram, executive vice president, chief administrative officer and secretary of Allergan, said: "Innovation in medicine has improved lives, reduced suffering and advanced the quality of patient care, and our intellectual property embodies our commitment to and investment in medical innovation.
"It is only through a respect for intellectual property rights that the cost, time and risk of failure associated with new innovations is justified. Accordingly, this case is a victory not merely for Allergan but for the R&D process that brings new treatment choices to the medical community."
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