The patent US8263054 involvedin suit is currently assigned toAllergan (as per face page). The patent entitledMethod of enhancing hair growthwas issued onSeptember 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:
Allerganis apharmaceutical company. Their product range includes ophthalmic pharmaceuticals, dermatology products, and neurological products. It also develops and commercializes prescription and non-prescription eye care products.
Apotexis 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.
Watsonpharmaceuticals 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.
Sandoza 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 Pharmadevelops, 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 currentholder[ii]of New Drug Application (NDA) no. 22-369 for bimatoprost ophthalmic solution, 0.03%, sold under the Latisse® brand (source: Maxval’sPatent Marker)that is approved byFDA.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.
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