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Bausch & Lomb Wins Patent Suit Brought by Allergan.


Business Editors

ROCHESTER, N.Y.--(BUSINESS WIRE)--June 10, 2002

Bausch & Lomb (NYSE NYSE

See: New York Stock Exchange
:BOL BOL Bolivia (ISO Country code)
BOL Books Online
BOL Bole (SIL code, Nigeria)
BOL Bill Of Lading
BOL Beginning Of Line
BOL Best Of Luck
BOL Buzz Out Loud
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BOL Beginning Of Life
):
-- Case Dismissed by Federal Judge

-- Clears Way for FDA Application to Market Generic Glaucoma Drug


Bausch & Lomb (NYSE:BOL) has won a patent lawsuit brought by Allergan Inc., which unsuccessfully tried to block Bausch & Lomb's ability to receive U.S. Food and Drug Administration approval for an Abbreviated New Drug Application abbreviated new drug application Pharmacology An application made in the US by a pharmaceutical company requesting authority to market a 'new' drug for which both its therapeutic indications and formulation were previously approved by the FDA in another similar  (ANDA ANDA
abbr.
abbreviated new drug application
) for brimonidine tartrate tartrate /tar·trate/ (tahr´trat) a salt of tartaric acid.

tar·trate
n.
A salt or ester of tartaric acid.



tartrate

a salt of tartaric acid.
.

Judge David Carter of the United States District Court United States District Court

In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court.
 for the Central District of California, Southern Division, on June 4, 2002, granted Bausch & Lomb's motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers  of non-infringement, dismissing without a hearing Allergan's complaint of 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.  against Bausch & Lomb.

Bausch & Lomb said that as a result of this ruling, the FDA FDA
abbr.
Food and Drug Administration


FDA,
n.pr See Food and Drug Administration.

FDA,
n.pr the abbreviation for the Food and Drug Administration.
 can now complete its review of the company's application for approval to manufacture and market generic brimonidine tartrate to lower intraocular pressure.

Allergan sells brimonidine tartrate under the Alphagan(R) brand name.

This news release contains, among other things, certain statements of a forward-looking nature relating to future events or the future business performance of Bausch & Lomb. Such statements involve a number of risks and uncertainties including those concerning economic conditions, currency exchange rates, product development, enrollment and completion of clinical trials, regulatory approvals, product introductions, the financial well-being of key customers, the successful execution of marketing strategies, the continued successful implementation of its efforts in managing and reducing costs and expenses, continued positive relations with third party financing sources, as well as the risk factors listed from time to time in the Company's SEC filings, including but not limited to the Form 10Q for the quarter ended March 30, 2002.

Bausch & Lomb Incorporated is the preeminent global technology-based healthcare company for the eye, dedicated to helping consumers see, look and feel better through innovative technology and design. Its core businesses include soft and rigid gas permeable contact lenses, lens care products, ophthalmic surgical and pharmaceutical products. The Company is advantaged with some of the most respected brands in the world starting with its name, Bausch & Lomb(R), and including SofLens(TM), PureVision(TM), Boston(R), ReNu(R), Storz(R) and Technolas(TM). Founded in 1853 in Rochester, N.Y., where it continues to have its headquarters, the Company has annual revenues of approximately $1.7 billion and employs approximately 12,000 people in more than 50 countries. Bausch & Lomb products are available in more than 100 countries around the world. More information about the Company can be found on Bausch & Lomb's Worldwide Web site at www.bausch.com. Copyright Bausch & Lomb.
COPYRIGHT 2002 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Jun 10, 2002
Words:425
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