Allergan Announces Victory in Acular Patent Infringement Case.

Business Editors/Legal Writers

IRVINE, Calif.--(BUSINESS WIRE)--Dec. 31, 2003

Allergan (NYSE:AGN) announced today that the United States District Court for the Northern District of California ruled in favor of Allergan, Inc. and Syntex LLC in their patent infringement suit against Apotex, Inc., Apotex Corp., and Novex Pharma (the "Apotex Defendants"). Specifically, after a trial that took place in the summer of 2003, the Honorable Martin Jenkins held that U.S. Patent No. 5,110,493 (the "'493 patent") covering Allergan's non-steroidal anti-inflammatory drug (NSAID) ACULAR(R) (ketorolac tromethamine ophthalmic solution 0.5%) is valid and enforceable against the Apotex Defendants and their attempted generic version of ACULAR(R). Earlier this year, Judge Jenkins found that the Apotex Defendants' proposed generic infringed each of the 16 claims of the '493 patent and granted partial summary judgment in favor of Allergan and Syntex. With the most recent ruling, the Apotex Defendants should not be permitted to market a generic version of ACULAR(R) until the '493 patent expires in 2009.

"We are pleased that the Court upheld the validity of our intellectual property and blocked the Apotex Defendants from launching a generic form of our product ACULAR(R)," said Allergan's Executive Vice President and General Counsel, Douglas S. Ingram. "This is a victory for Allergan and for the medical community. New medicines that benefit patients come only from innovation, and respect for patents is the life blood of that innovation."

ACULAR(R) is the number one prescribed ophthalmic NSAID both in the United States and in the world. ACULAR(R) is used for a range of conditions including allergy, photophobia, post-surgical pain, and post-surgical inflammation.

Forward-Looking Statements

This press release contains "forward-looking statements", including the statements by Mr. Ingram and statements regarding the timing of generic versions of ACULAR(R). 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, among other things, general industry and pharmaceutical market conditions; general domestic and international economic conditions; risks inherent in the research and development process; technological advances and patents attained by competitors; risks associated with the regulatory approval process; challenges inherent in product marketing; and domestic and foreign health care reforms. 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 Allergan and its Businesses" in Allergan's 2002 Form 10-K and Allergan's Form 10-Q for the quarter ended September 26, 2003. Copies of Allergan's press releases and additional information about Allergan is 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 eye care, neuromodulator, skin care and other specialty markets that deliver value to our customers, satisfy unmet medical needs, and improve patients' lives.