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Allergan Inc. Message Board

  • lws2000 lws2000 May 26, 2011 9:50 AM Flag

    REVERSE**AGN Patent Loss

    * Case is remanded to district court in California

    * Allergan's biggest drug is Botox

    WASHINGTON May 24 (Reuters) - Allergan Inc (AGN.N), whose biggest drug is the Botox anti-wrinkle injections, won a round in its fight to defend its eyelash growth treatment Latisse when an appeals court overturned a lower court loss on Tuesday.

    Allergan accused a long list of companies, including Athena Cosmetics, Cosmetic Alchemy LLC and Stella International LLC, of either infringing its patented treatment for eyelash growth or inducing others to infringe.

    The U.S. District Court for the Central District of California dismissed the case, saying that Allergan failed to prove that it was injured by any infringement.

    The appeals court, which specializes in patent cases, disagreed. "Here, Allergan has plainly alleged an economic injury that was the result of an unfair business practice," the appeals court said.

    The case is at the U.S. Court of Appeals for the Federal Circuit. It is Allergan Inc and Murray A. Johnstone and Duke University v. Athena Cosmetics Inc, Pharma Tech International, Inc and Northwest Cosmetic Laboratories Inc and several others. The case number is 2010-1394. (Reporting by Diane Bartz. Editing by Robert MacMillan

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