Plaintiff: Allergan
Defendant: Apotex, Watson, Sandoz and Hi-Tech Pharma
Case Number: 1:13-cv-00016
Date Filed: January 08, 2013
Court: North Carolina Middle District Court
Patent-in-Suit: US8263054
The patent US8263054 involved in suit
is currently assigned to Allergan
(as per face page). The patent entitled Method of
enhancing hair growth was issued
on September
11, 2012 and expires[i] by
January 15, 2023. The patent describes a
method of increasing eyelash growth in a human including length, thickness and
darkness of the eyelashes, the method comprising administering bimatoprost to
an eyelid margin of the human.
About the Parties:
Allergan is a pharmaceutical company. Their product
range includes ophthalmic pharmaceuticals, dermatology products, and
neurological products. It also develops and
commercializes prescription and non-prescription eye care products.
Apotex is a pharmaceutical
company engaged in the research and development, manufacture, and distribution
of generic pharmaceuticals. It offers products in various dosage forms, such as
liquids, ophthalmics, nasal sprays, and injectables. Apotex Inc. operates as a
subsidiary of Apotex Pharmaceutical Holdings Inc.
Watson pharmaceuticals is engaged in the development,
manufacture, marketing and distribution of generic pharmaceuticals in a number
of therapeutic categories and specialized branded pharmaceutical products that
are focused on urology, women’s health and pain management. Watson also
distributes generic and branded pharmaceuticals through Anda, Inc.
Sandoz a division of the Novartis is a generic pharmaceutical
company with key product groups such as antibiotics, treatments for central
nervous system disorders, gastrointestinal medicines, cardiovascular
treatments, and hormone therapies. Sandoz develops, produces, and markets these
medicines along with pharmaceutical and biotechnologically active substances
and anti-infectives.
Hi-Tech Pharma develops, manufactures and markets products in three
categories, generics, prescription brands and OTC brands. It produces a range
of products for various disease states, including glaucoma, asthma, bronchial
disorders, dermatological disorders, allergies, pain, stomach, oral care and
other conditions. Its generic products are primarily prescription items and
include oral solutions and suspensions, topical creams and ointments, as well
as nasal sprays.
As in Complaint:
Allergan is the current holder[ii] of New Drug Application (NDA) no. 22-369 for
bimatoprost ophthalmic solution, 0.03%, sold under the Latisse® brand (source: Maxval’s Patent
Marker)
that is approved by FDA. Latisse (see Fig. 1) is a
prescription treatment for hypotrichosis (inadequate lashes) to grow eyelashes
longer, fuller, darker.
Plaintiff alleges that defendants seeks FDA approval to market a generic version of Latisse with the
Abbreviated New Drug Applications (ANDA) no. 201894 (Apotex), 202719 (Sandoz), 203051
(Hi-Tech) and 203749 (Watson) that infringe the above patent.
Other Cases Filed:
Plaintiff has
recently filed cases against the below companies:
|
Defendant
|
Case
Number
|
Date
Filed
|
Status
|
|
Sandoz
|
08/23/2012
|
Closed
|
|
|
Hi-Tech
|
05/16/2012
|
Pending
|
|
|
Watson
|
03/30/2012
|
Pending
|
|
|
Apotex
|
03/13/2012
|
Pending
|
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[i] Expected expiration date. Patent Term
Estimator is a free web-based tool that automatically
calculates patent terms and expiration dates for U.S. utility patents.
[ii] Patent Marker provides an online environment for patentees to
virtually mark products and search for patent related information.
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