Allergan gains restraining order over patent infringement

Allergan has announced that it has been successful in gaining a temporary restraining order against Pharma for selling a generic version of a drug.

The companies have been prevented from manufacturing or selling the generic version of Acular (ketorolac tromethamine ophthalmic solution), which they sought US Food and Drug Administration (FDA) approval for via an abbreviated new drug application.

The temporary restraining order, granted in a Californian court, follows a long legal battle over the drug.

Allergan initially sued for patent infringement in June 2003 and in January 2004 the court found in the firm’s favour. An appeal upheld the decision remanded an issue surrounding patents to a further hearing.

With the granting of the temporary restraining order the court said Allergan, with its partner Syntex, had “a strong likelihood of success” adding “the public interest strongly favours the enforcement of patent rights and encouraging innovation”.

Acular is used in the treatment of irritated eyes due to allergies or cataract surgery.

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