Allergan Inc. v. Juno Pharmaceuticals Corp.
ALLERGAN, INC.
ABBVIE CORPORATION
JUNO PHARMACEUTICALS CORP.

Background:

  • Old LUMIGAN Issues: The previous formulation, though effective in lowering IOP, caused unwanted side effects like conjunctive hyperemia (redness, itching, and pain in the eye).
  • LUMIGAN RC Development: Allergan modified the formulation by reducing bimatoprost and increasing benzalkonium chloride (BAK) to maintain effectiveness while minimizing side effects.

Legal Arguments:

  • Defendant's Position: Juno concedes infringement but argues the patent is invalid for obviousness and insufficient disclosure.
  • Plaintiffs' Position: Seek to prevent Juno from marketing their generic drug, asserting patent validity.
  • Relevant Past Decisions: Previous rulings under the prior regime affirmed the patent's validity, impacting generic market entry. Similar litigation occurred in the U.S. and U.K..

Legal Focus:

  • The trial focused primarily on the patent's obviousness.

Court's Conclusion:

  • The Court ruled in favor of the Plaintiffs. The patent was deemed not invalid for obviousness or insufficient disclosure, entitling Plaintiffs to their sought declaration.

Note: This summary provides a concise overview of the case using simple language while including relevant legal terms. It focuses on key points without delving into detailed legal theories or evidence analysis.

Federal Court
T-1994-21
Intellectual property
Plaintiff
30 December 2021