Allergan, Inc. v. Sandoz, Inc.

Combigan®, used to treat glaucoma, is a combination of the well-known alpha2-agonist Alphagan® and the well-known beta-blocker Timoptic® and contains the preservative benzalkonium chloride, which is widely-used in ophthalmic formulations. Allergan holds four patents related to Combigan®. The asserted claims are directed to a composition of 0.2% brimonidine and 0.5% timolol, expressed in different ways, some claims are directed to a fixed combination, others are directed to a method of treatment by administering the composition twice daily, and others are directed to packaging material indicating that twice daily administration of the composition is useful for treating glaucoma or ocular hypertension. Defendants submitted to the U.S. Food and Drug Administration an Abbreviated New Drug Application, seeking approval to market a generic version of Combigan®. Allergan sued under 35 U.S.C. 271(e)(2)(A), claiming infringement of Allergan’s four Orange Book-listed patents. Prior to trial, but after claim construction, the district court granted summary judgment of non-infringement as to certain claims, the court then found each asserted claim not invalid. The Federal Circuit affirmed in part and reversed in part, finding the district court erred in finding certain claims not invalid as obvious. Defendants, however, failed to prove that another claim would have been obvious. View "Allergan, Inc. v. Sandoz, Inc." on Justia Law