IRVINE, CA - Allergan, Inc. announced on Saturday that Allergan and Alcon Inc. have settled Allergan's patent infringement lawsuit in the United States District Court for the District of Delaware contending that Alcon's proposed brimonidine 0.15% product infringes two brimonidine-related patents owned by Allergan.
According to a press release by the company, the pursuant to the settlement is as follows:
1. Alcon has agreed to a license beginning on September 30, 2009,
in the United States under both patents at issue in the
Delaware lawsuit;
2. Alcon will not sell, offer for sale or distribute its
brimonidine 0.15% product until September 30, 2009, or earlier
if certain market conditions occur, the primary condition
being a trigger based generally on the extent to which
prescriptions of ALPHAGAN(R) P 0.15% have been converted to
other brimonidine-containing products (including ALPHAGAN(R)
P 0.1% and COMBIGAN(TM)) marketed by Allergan.
3. Upon market entry of Alcon's 0.15% brimonidine product, Alcon
will pay Allergan royalties on the sale of its product in the
United States.
"We are pleased with this settlement and the delayed-entry license taken by Alcon, which respects our intellectual property portfolio," said David E.I. Pyott, Allergan's chairman of the board and chief executive officer. "This delayed-entry license, which we are confident will not commence until September 30, 2009, is in line with Allergan's long-term strategy for our overall brimonidine franchise."
Additionally, Allergan has dismissed a separate patent infringement lawsuit filed by Allergan against Alcon in the United States District Court for the District of California related to self-preserved ophthalmic antibiotics.
Allergan's ALPHAGAN(R) franchise has been a leading therapy for reducing intraocular pressure (IOP) in patients safely and effectively for more than five years. ALPHAGAN(R), ALPHAGAN(R) P 0.1% and ALPHAGAN(R) P 0.15% are indicated for lowering IOP in patients with open-angle glaucoma or ocular hypertension.
Allergan Inc., with headquarters in Irvine, California, is a technology-driven, global health care company providing specialty pharmaceutical products worldwide. Allergan develops and commercializes products in the ophthalmology, neurosciences, medical dermatology, medical aesthetics and other specialty markets that deliver value to its customers, satisfy unmet medical needs, and improve patients' lives.
