Duke University and Allergan drop Alcon dispute
North Carolina-based Duke University and Allergan have brought their patent dispute with medical company Alcon Laboratories to an end in Delaware.
On Thursday, October 4, Duke and Allergan filed a motion to dismiss the case from the US District Court for the District of Delaware, with District Judge Leonard Stark dismissing the lawsuit the following day.
Duke and Allergan sued Sandoz and Alcon at the US District Court for the Eastern District of Texas, Marshall Division, in April this year.
At the centre of the clash is US patent number 9,579,270, which covers Allergan’s hypotrichosis treatment Latisse (bimatoprost ophthalmic solution). Latisse is a Food and Drug Administration-approved treatment for inadequate or insufficient eyelashes.
The ‘270 patent is assigned to Duke, and Allergan holds an exclusive licence to it.
In the suit, Duke and Allergan claimed: “Defendants’ generic copy of Latisse has caused Allergan’s sales of Latisse to decline by around 50% in the Texas region.”
However, the claim was severed in April, with the case against Sandoz being transferred to Colorado, and the case against Alcon being transferred to Delaware.
Now, as part of the stipulation of dismissal, Alcon has agreed to be bound by any judgment concerning patent validity or claim construction of the ‘270 patent that is made in the Sandoz action.
The stipulation also noted that if the validity of two claims (22 and 30) is upheld in the Sandoz action, it will not prevent Duke and Allergan from re-filing their suit against Alcon in the future.
Latisse has resulted in net sales for Allergan of more than $70 million annually since its launch in 2009.
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