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Sun Dec 28, 2008 2:18 pm  |
Allergan, Inc. (NYSE:AGN) announced today that it has agreed to dismiss its legal action against Jan Marini Skin Research, Inc. ("Jan
Marini"), one of the defendants in Allergan's patent infringement lawsuit pending in the United States District Court for the Central
District of California. The dismissal is based on Jan Marini acknowledging the validity of Allergan's relevant patents covering the
use of certain drug substances, such as prostaglandin analogs, to promote eyelash enhancement and also agreeing to cease its
distribution of eyelash products containing these ingredients in the United States and other countries worldwide where Allergan owns
related patents.
As recently announced, Allergan has completed a clinical program with its patented formulation of bimatoprost, a synthetic prostaglandin analog, and will pursue United States Food and Drug Administration approval to market a product to stimulate eyelash growth in the United States.
"We are pleased that Jan Marini has acknowledged that Allergan's
U.S. and foreign eyelash growth patents are valid and enforceable and has agreed to cease further distribution of its eyelash growth
products," said Douglas S. Ingram, Allergan's Executive Vice President, Chief Administrative Officer, General Counsel and secretary. "Allergan has a significant intellectual property estate covering this area. Allergan has sued, or is evaluating suit against, a number of infringers for refusing to respect our intellectual property rights. As evidenced by our ongoing lawsuit against those
companies and individuals who have chosen to market unapproved eyelash products containing active pharmaceutical ingredients, Allergan will
not idly stand by while others infringe our intellectual property rights."
I(Determined) believe that Allergan spent a great deal of $$ and time doing the research required for FDA approval and I believe their patent rights should be protected |
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