Allergan, Inc. v. Exela Pharmsci, Inc., No. 10-1102 (Fed. Cir. 2011)
Annotate this CaseAllergan has various patents that protect its glaucoma drug. The defendants each filed an Abbreviated New Drug Application (ANDA) seeking permission from the FDA to market a generic version of the drug. The district court found that Allergan’s asserted patents were not invalid and that the defendants infringed those patents. With respect to one defendant, the Federal Circuit reversed on one claim as "obvious" and affirmed the injunction with respect to four other claims. The court reversed with respect to the other defendant, stating that it would not assume that the company would violate its ANDA and that compliance with the ANDA would not result in infringement.
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