Allergan Announces Its Intention to File Expedited Appeal With the Federal Circuit.

Business Editors & Health/Medical Writers

IRVINE, Calif.--(BW HealthWire)--May 9, 2002

Allergan, Inc. (NYSE:AGN) announced today that it will file an expedited appeal with the Federal Circuit Court of Appeal to overturn an order granting Alcon's motion for summary judgment in Allergan's lawsuit against Alcon for infringement of certain of Allergan's method of use patents relating to Alphagan(R) (brimonidine tartrate ophthalmic solution) 0.2%.

"This order does not end the litigation," explained Douglas S. Ingram, Allergan's Corporate Vice President, General Counsel, and Secretary. "The primary issue presented by the motion for summary judgment was a narrow but significant legal one regarding patent infringement lawsuits involving pharmaceutical method of use patents. Although the other Federal District Courts that have considered the issue have concluded otherwise, in this case the District Court for the Central District of California -- Southern Division -- ruled that holders of pharmaceutical method of use patents cannot sue for inducement of patent infringement under 35 U.S.C. Section 271(e)(2)(A). This ruling is, in Allergan's opinion, inconsistent with applicable federal statutes, contrary to the applicable federal case law, and if allowed to stand will have a negative impact on pharmaceutical innovation by potentially removing from pharmaceutical companies a motivation to seek new patented uses for existing products."

A similar legal issue is already before the Federal Circuit in a matter entitled Warner-Lambert v. Apotex, No. 02-1073. That matter should be fully briefed by the end of May 2002 and a ruling from the Federal Circuit is expected as early as the summer of 2002. Additionally, it is Allergan's understanding that Allergan's matter could be briefed, heard and decided by the Federal Circuit on an expedited basis and before an Abbreviated New Drug Application ("ANDA") could reasonably be expected to issue for any generic product. Allergan is hopeful that the Federal Circuit will follow the other District Courts that have examined this legal issue and reverse the order for summary judgment. If so, the matter would proceed in the District Court and any ANDA approval for generic brimonidine tartrate ophthalmic solution 0.2% would not be approved until the sooner of an unfavorable decision in the litigation or the expiration of 30 months from the original ANDA filing.

This ruling does not expedite the approval of an ANDA for generic brimonidine tartrate ophthalmic solution 0.2%. Consistent with Allergan's prior analysis, in the absence of a ruling in Allergan's favor in its patent infringement lawsuit against Alcon and Bausch & Lomb, the Company, relying on average ANDA approval times published by the FDA, still does not expect an ANDA for generic brimonidine tartrate ophthalmic solution 0.2% until some time after the first quarter of 2003.

Additionally, this ruling does not in any way involve and has no effect on the timing of a generic version of Alphagan(R) P (brimonidine tartrate ophthalmic solution, 0.15%), Allergan's next-generation Alphagan(R) product that has an equivalent efficacy to original Alphagan(R), but with a lower effective dose, a greater tolerability, and a lower incidence of adverse events than original Alphagan(R). Allergan has FDA marketing exclusivity for Alphagan(R) P through September of 2004.

Forward-Looking Statements

This press release contains "forward-looking statements," including, but not limited to, statements regarding the possible outcomes of the litigation and appeal process and the timing of FDA approval for generic versions of the Company's products. These statements are based on current expectations of future events. If underlying assumptions prove inaccurate or unknown risks or uncertainties materialize, actual results could vary materially from Allergan's expectations and projections. Risks and uncertainties include the uncertainties associated with the litigation and appeal process; general industry and pharmaceutical market conditions; technological advances and patents attained by competitors; the uncertainties regarding the regulatory approval process and the timing associated therewith; potential legislative changes and health care reforms; trends toward managed care and health care cost containment; and other governmental laws and regulations affecting domestic and foreign operations. The reader is thus cautioned not to rely on these forward-looking statements. Additional information concerning these and other risk factors can be found in press releases issued by Allergan as well as Allergan's public periodic filings with the Securities and Exchange Commission, including the discussion under the heading " Certain Factors and Trends Affecting Business" in Allergan's 2001 Form 10-K for the year ended December 31, 2001. Copies of Allergan press releases and additional information about Allergan are available on the World Wide Web at www.allergan.com, or you can contact the Allergan Investor Relations Department by calling 714-246-4636.

About Allergan, Inc.

Allergan, Inc., with headquarters in Irvine, California, is a technology-driven, global health care company providing eye care and specialty pharmaceutical products worldwide. Allergan develops and commercializes products in the ophthalmic, neurological and dermatological markets that deliver value to our customers, satisfy unmet medical needs, and improve patients' lives.