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Validity of Allergan Patents Acknowledged by Jan Marini in Settlement of Allergan's Patent Infringement Suit Against Jan Marini Skin Research, Inc.

-- Jan Marini Agrees to Cease Manufacturing and Marketing of Eyelash Conditioning Products Containing Certain Drug Substances, such as Prostaglandin Analogs --

IRVINE, Calif. -- Allergan, Inc. (NYSE:AGN) announced today that it has agreed to dismiss its legal action against Jan Marini Skin Research, Inc. ("Jan Marini"), one of the defendants in Allergan's patent infringement lawsuit pending in the United States District Court for the Central District of California. The dismissal is based on Jan Marini acknowledging the validity of Allergan's relevant patents covering the use of certain drug substances, such as prostaglandin analogs, to promote eyelash enhancement and also agreeing to cease its distribution of eyelash products containing these ingredients in the United States and other countries worldwide where Allergan owns related patents.

As recently announced, Allergan has completed a clinical program with its patented formulation of bimatoprost, a synthetic prostaglandin analog, and will pursue United States Food and Drug Administration approval to market a product to stimulate eyelash growth in the United States.

"We are pleased that Jan Marini has acknowledged that Allergan's U.S. and foreign eyelash growth patents are valid and enforceable and has agreed to cease further distribution of its eyelash growth products," said Douglas S. Ingram, Allergan's Executive Vice President, Chief Administrative Officer, General Counsel and Secretary. "Allergan has a significant intellectual property estate covering this area. Allergan has sued, or is evaluating suit against, a number of infringers for refusing to respect our intellectual property rights. As evidenced by our ongoing lawsuit against those companies and individuals who have chosen to market unapproved eyelash products containing active pharmaceutical ingredients, Allergan will not idly stand by while others infringe our intellectual property rights."

Forward-Looking Statements

This press release contains "forward-looking statements", including the statements by Mr. Ingram, and other statements regarding research and development outcomes, efficacy, market and product potential and other statements regarding prostaglandin analogs, including bimatoprost. 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, economic and pharmaceutical market conditions; technological advances and patents attained by competitors; the ongoing viability of Allergan's existing and future intellectual property estate and the uncertainty of the litigation process; challenges inherent in the research and development and regulatory processes; challenges related to new 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; inconsistency of treatment results among patients; potential difficulties in manufacturing; and governmental laws and regulations affecting domestic and foreign operations. 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 "Risk Factors" in Allergan's 2007 Form 10-K and Allergan's Form 10-Q for the period ended March 31, 2008. Copies of Allergan's press releases and additional information about Allergan is available on the World Wide Web at or you can contact the Allergan Investor Relations Department by calling 1-714-246-4636.

About Allergan, Inc.

Founded in 1950, Allergan, Inc., with headquarters in Irvine, California, is a multi-specialty health care company that discovers, develops and commercializes innovative pharmaceuticals, biologics and medical devices that enable people to live life to its greatest potential - to see more clearly, move more freely, express themselves more fully. The Company employs approximately 8,000 people worldwide and operates state-of-the-art R&D facilities and world-class manufacturing plants. In addition to its discovery-to-development research organization, Allergan has global marketing and sales capabilities with a presence in more than 100 countries.

([c]) 2008 Allergan, Inc. Irvine, CA 92612. ([R]) and [TM] marks owned by Allergan, Inc.
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Publication:Business Wire
Date:Jul 18, 2008
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