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Allergan Inc. v. Juno Pharmaceuticals Corp.

Background:

  • Old LUMIGAN Issues: The previous formulation, though effective in lowering IOP, caused unwanted side effects like conjunctive hyperemia (redness, itching, and pain in the eye).
  • LUMIGAN RC Development: Allergan modified the formulation by reducing bimatoprost and increasing benzalkonium chloride (BAK) to maintain effectiveness while minimizing side effects.

Legal Arguments:

  • Defendant's Position: Juno concedes infringement but argues the patent is invalid for obviousness and insufficient disclosure.
  • Plaintiffs' Position: Seek to prevent Juno from marketing their generic drug, asserting patent validity.
  • Relevant Past Decisions: Previous rulings under the prior regime affirmed the patent's validity, impacting generic market entry. Similar litigation occurred in the U.S. and U.K..

Legal Focus:

  • The trial focused primarily on the patent's obviousness.

Court's Conclusion:

  • The Court ruled in favor of the Plaintiffs. The patent was deemed not invalid for obviousness or insufficient disclosure, entitling Plaintiffs to their sought declaration.

Note: This summary provides a concise overview of the case using simple language while including relevant legal terms. It focuses on key points without delving into detailed legal theories or evidence analysis.

ALLERGAN, INC.
ABBVIE CORPORATION
JUNO PHARMACEUTICALS CORP.
Federal Court
T-1994-21
Intellectual property
Not specified/Unspecified
Plaintiff
30 December 2021