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ARTICLE · 19 MARCH 2018

Ophthalmic Solution Claims Not Invalid, Not Infringed

McDermott Will & Emery
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The district court found the asserted claims not invalid and claims from one patent infringed.

United StatesIntellectual Property
Brittany Washington
Brittany Washington
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In a patent infringement suit related to the generic version of the drug Combigan®, the US Court of Appeals for the Federal Circuit held that claims asserted by Allergan Sales, LLC, were not invalid but not infringed. Allergan Sales, LLC v. Sandoz, Inc., et al., Case Nos. 2017-1499; -1500; -1558; -1559 (Fed. Cir., Dec. 22, 2017) (Hughes, J).

Allergan holds the approved new drug application for Combigan®, an ophthalmic solution used to reduce eye pressure in glaucoma and ocular hypertension patients. Combigan® is a "fixed combination" solution consisting of 0.2 percent brimonidine tartrate and 0.68 percent timolol maleate. Allergan claimed that three of its patents protect the drug and its administration.

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