Printer Friendly
The Free Library
14,716,324 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Allergan Requests Temporary Restraining Order and Preliminary Injunction in ACULAR(R) Patent Infringement Case; Seeks Ban on Sale of Proposed Generic Drug Pending Court Ruling.


IRVINE, Calif. -- Allergan, Inc. (NYSE NYSE

See: New York Stock Exchange
:AGN AGN Again (Amateur Radio)
AGN Active Galactic Nucleus
AGN Acute Glomerulonephritis
AGN Accountants Global Network
AGN Air Gabon (ICAO code) 
) announced today that it has filed a motion with the United States District Court for the Northern District of California The United States District Court for the Northern District of California is the Federal district court whose jurisdiction comprises following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa , San Francisco Division, requesting a temporary restraining order temporary restraining order: see injunction.  and preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
 prohibiting the sale of a proposed generic version of Allergan's non-steroidal anti-inflammatory drug Non-steroidal anti-inflammatory drugs, usually abbreviated to NSAIDs, are drugs with analgesic, antipyretic and anti-inflammatory effects - they reduce pain, fever and inflammation.  ACULAR(R) (ketorolac tromethamine ketorolac tromethamine

Acular, Acular LS

Pharmacologic class: Nonsteroidal anti-inflammatory drug (NSAID)

Therapeutic class: Analgesic, antipyretic, anti-inflammatory

Pregnancy risk category C
 ophthalmic solution ophthalmic solution
n.
A sterile solution that is free from foreign particles and is compounded and dispensed for eyedrops.
) 0.5% while the court conducts further proceedings in a patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  lawsuit brought by Allergan and Syntex (U.S.A.) LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
 against Apotex, Inc., Apotex Corp., and Novex Pharma Inc. (the "Apotex Defendants").

On January 27, 2004, the District Court entered a judgment in favor of Allergan and Syntex in the patent infringement action, finding that the patent covering ACULAR(R) is valid, enforceable and infringed by the Apotex Defendants' proposed generic drug. Apotex appealed to the U.S. Court of Appeals for the Federal Circuit, which on May 18, 2005, left undisturbed the finding of infringement but remanded the matter for re-hearing by the District Court on one issue. Subsequently, on December 15, 2005, the Federal Circuit vacated the District Court's permanent injunction barring the sale of the Apotex Defendants' product but indicated that Allergan and Syntex could request a preliminary injunction from the District Court. Accordingly, on December 16, 2005, Allergan filed a motion for temporary restraining order and preliminary injunction with the District Court.

ACULAR(R) is indicated for the temporary relief of ocular itching due to seasonal allergic conjunctivitis and the treatment of post-operative inflammation in patients who have undergone cataract surgery.

About Allergan, Inc.

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.

Forward-Looking Statements

This press release contains "forward-looking statements," including, but not limited to, statements regarding possible outcomes of the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 and the timing of 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, among other things, the uncertainties associated with the litigation and appeal process; the uncertainties regarding the regulatory approval process and the timing associated therewith; general industry and pharmaceutical market conditions; general domestic and international economic conditions, such as interest rate and currency exchange rate fluctuations; technological advances and patents obtained by competitors; challenges inherent in product marketing such as the unpredictability of market acceptance for new pharmaceutical and biologic products and/or the acceptance of new indications for such products; domestic and foreign health care reforms; the timing and uncertainty of the research and development and regulatory processes; trends toward managed care and health care cost containment; and governmental laws and regulations affecting domestic and foreign operations. Allergan expressly disclaims any intent or obligation to update these forward-looking statements except as required to do so by law. 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 2004 Form 10-K and Allergan's Form 10-Q for the quarter ended September 30, 2005. 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 1-714-246-4636.
COPYRIGHT 2005 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Comment:Allergan Requests Temporary Restraining Order and Preliminary Injunction in ACULAR(R) Patent Infringement Case; Seeks Ban on Sale of Proposed Generic Drug Pending Court Ruling.
Publication:Business Wire
Geographic Code:1USA
Date:Dec 17, 2005
Words:602
Previous Article:Waikoloa Beach Resort Begins Construction of Queens' MarketPlace & Cultural Gardens; Facility Will Build On Success of Kings' Shops.
Next Article:AmeriVest Properties Announces Agreement to Sell Financial Plaza in Mesa, Arizona.
Topics:



Related Articles
Consumer class actions follow suits by generic drug makers against brand-name companies.
Rehnquist Rejects `Moment Of Silence' Appeal.(Brief Article)
BRIEFLY JURY DEADLOCKED ON BRIBERY CHARGE.(News)
JUDGE BLOCKS BRIDGE RULING TO LAST AT LEAST UNTIL APRIL HEARING.(News)
CHECK PRINTING BARRED : JUDGE RULES ON CASE LINKED TO FREEMEN.(NEWS)
JUDGE WEIGHS PROP. 209 INJUNCTION.(NEWS)
JUDGE PROTECTS REHAB FACILITY SUPERVISORS WARN OF COUNTY BANKRUPTCY.(News)(Statistical Data Included)
Durst Organization cannot be charged additional penalties by Cigna or LaSalle in terrorism insurance case.(New York State Supreme Court ruling)(Brief...
Anderson v. Davis.(SENTENCE)(temporary restraining order and a permanent injunction)(Brief Article)

Terms of use | Copyright © 2009 Farlex, Inc. | Feedback | For webmasters | Submit articles