Allergan Inc.’s patents for the glaucoma treatment Lumigan are valid and are infringed by Israel’s Teva Pharmaceutical Industries Ltd. (TEVA), a federal judge ruled today.
Allergan, based in Irvine, California, the maker of wrinkle-smoothing Botox, sued Teva’s Barr Laboratories unit in 2009 over the two patents and a non-jury trial was held in January and February, according to court papers.
“Allergan has met its burden” to prove Teva’s proposed generic Lumigan infringes, and the defendants “have not proven by clear and convincing evidence” that the patents are invalid,’’ wrote U.S. District Judge Sue L. Robinson in today’s opinion released in Wilmington, Delaware.
Petach Tikva, Israel-based Teva, with $16.1 billion in sales last year, is the world’s largest generic drugmaker.
Denise Bradley, a U.S. spokeswoman for Teva, said the company has no comment on the ruling.
The newest of the patents expires in 2014, according to U.S. Food and Drug Administration records.
Allergan rose 11 cents to $82.53 at 11:33 a.m. in New York Stock Exchange composite trading. Teva’s American depositary receipts, each representing one ordinary share, fell 84 cents to $39.49 in Nasdaq Stock Market trading.
The case is Allergan Inc. v. Barr Laboratories Inc., 09CV333, U.S. District Court, District of Delaware (Wilmington).
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