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Home >Companies >Allergan wins lawsuit against Lupin, two others over Lumigan

Washington: Allergan Inc. won a patent-infringement lawsuit that will prevent copies of its Lumigan 0.01% glaucoma treatment from entering the US market until 2027.

Novartis AG’s Sandoz unit, Actavis Plc, Hi-Tech Pharmacal Co. and Lupin Ltd. would infringe Allergan’s patents on the medicine, US district judge Michael Schneider in Tyler, Texas, said in an opinion posted on the court’s website on Tuesday. The judge also rejected arguments the patents were invalid, and ordered that regulatory approval not be granted until they expire.

Lumigan, which comes in different solution formulas, generated $452.7 million in sales for the nine months ended 30 September and accounts for about 10% of the Irvine, California-based company’s revenue. The solution slows the progression of glaucoma, which can cause blindness.

Allergan jumped as much as 5.8% on the news. Shares were up $5.48, or 4.8%, to $119.98 at 12:36 pm in New York after earlier trading as high as $121.03.

The case involved five patents. Four of them expire in 2025 and the fifth in 2027, according to the website of the US Food and Drug Administration.

The generic-drug companies argued that the patents were little different than ones covering Lumigan 0.03%. An appeals court last year upheld a patent on that treatment that expires in August. The judge said the newer patents are for a solution that limited red eyes, which caused some patients to stop taking the treatment.

Red-Eye Severity

Schneider said it took Allergan more than a year to come up with a formula that would be as effective as Lumigan 0.03% while reducing the red-eye severity. Earlier research indicated that lowering the percentage of bimatoprost, the active ingredient in Lumigan, would have lowered its effectiveness, the judge said.

Bonnie Jacobs, a spokeswoman for Allergan, said the company had no comment. Officials with the generic-drug makers either had no immediate comment or didn’t immediately respond to queries.

Lumigan is Allergan’s second-biggest drug, after Restasis eye drops. Earlier on Tuesday, Allergan received a new patent on Restasis. Bloomberg

Catherine Larkin in Chicago contributed to this story.

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