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Allergan, Inc. v. Alcon Laboratories, Inc.

324 F.3d 1322, 66 U.S.P.Q.2d 1225 (2003)

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Allergan, Inc. v. Alcon Laboratories, Inc.

United States Court of Appeals for the Federal Circuit

324 F.3d 1322, 66 U.S.P.Q.2d 1225 (2003)

Facts

Alcon Laboratories, Inc.; Alcon Research, Ltd.; and Alcon Universal, Ltd. (Alcon) (defendants) as well as Bausch Lomb, Incorporated (defendant) filed an Abbreviated New Drug Application (ANDA) with the United States Food and Drug Administration (FDA). The ANDA sought authorization to produce and sell a generic form of brimonidine, an unpatented drug, for use in reducing eye pressure. Allergan, Inc., and Allergan Sales, Inc. (collectively, Allergan) (plaintiffs) held method-of-use patents for certain uses of brimonidine. Those uses did not include the treatment of eye pressure. Allergan filed an action in federal court for induced infringement against Alcon and Bausch Lomb. The district court granted summary judgment of noninfringement in favor of Alcon and Bausch Lomb. Allergan appealed. In opposing the appeal, Alcon and Bausch Lomb argued that the patent-listing provision, the patent-certification provision, and the remedies provision supported precluding liability for infringement if an ANDA sought approval for an unpatented and unapproved use.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence (Lin, J.)

Concurrence (Schall, J.)

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