Allergan, Inc. v. Apotex, Inc.

754 F.3d 852 (2014)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Allergan, Inc. v. Apotex, Inc.

United States Court of Appeals for the Federal Circuit
754 F.3d 852 (2014)

  • Written by Nicole Gray , JD

Facts

Allergan, Inc. (defendant) had two patents for the same compound, one for eye drops to treat glaucoma and one for a topical treatment for eyelash hair loss. Allergan had approval to sell drugs based on both patents. Apotex, Inc. and six others (plaintiffs) sought approval for a generic version of Allergan’s hair-loss drug. Allergan sued, claiming that Apotex’s drug infringed its patent despite a distinction that the drug only promoted hair growth. Hair-loss treatment is specifically defined as “arresting hair loss or reversing hair loss, or both, and promoting hair growth.” The district court construed the term to mean any of the three, in the alternative. The patent’s disclosure referenced hair growth observed while researching the glaucoma drug and included eye-drop administration as an enabling example. Allergan’s patent for the glaucoma drops did not teach topical application or hair-loss treatment. Clinical trials for the drops showed only a fraction of patients experienced hair growth, and testimony provided that a properly applied drop would not transfer to the skin. The district court held that Allergan’s patent was not inherently anticipated by its other patent because the latter only teaches that eye drops may contact the skin. Accordingly, it concluded the patent was not invalid and infringed by Apotex. Apotex was enjoined from further infringement and appealed.

Rule of Law

Issue

Holding and Reasoning (Prost, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership