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ARTICLE · 07 OCTOBER 2015

Claimed Formulation Not Obvious Despite Recitations Falling Within Prior Art Ranges

McDermott Will & Emery
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Addressing obviousness issues, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court's finding that patents were valid and infringed, despite undeniably including recitations falling within a prior art range.

United StatesIntellectual Property
Donna Haynes
Donna Haynes
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Allergan, Inc. v. Sandoz Inc.

Addressing obviousness issues, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court's finding that patents were valid and infringed, despite undeniably including recitations falling within a prior art range. Allergan, Inc. v. Sandoz Inc., Case No. 14-1275 (Fed. Cir., Aug. 4, 2015) (Lourie, J.)

Allergan owns five patents related to Lumigan® 0.01% ("Lumigan 0.01%"), a glaucoma treatment product having 0.01% of bimatoprost and 200 ppm of benzalkonium chloride (BAK). Several companies filed Abbreviated New Drug Application (ANDA) applications for generic versions of Lumigan 0.01% (collectively ANDA applicants), causing Allergan to file a patent infringement lawsuit. After a bench trial, the district court held that Allergan's patents were not invalid for obviousness, lack of written description or lack of enablement and were infringed, entitling Allergan to a permanent injunction. The ANDA applicants appealed.

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