Allergan, Alcon reach agreement on brimonidine 0.15% patent litigation

By Elaine Rigoli

Tampa, Fla., March 9 - Allergan, Inc. and Alcon, Inc. have settled Allergan's patent infringement lawsuit in the United States District Court for the District of Delaware contending that Alcon's proposed brimonidine 0.15% product infringes two brimonidine-related patents owned by Allergan.

According to a company news release, the settlement included three findings:

• Alcon has agreed to a license beginning on Sept. 30, 2009, in the United States under both patents at issue in the Delaware lawsuit;

• Alcon will not sell, offer for sale or distribute its brimonidine 0.15% product until Sept. 30, 2009, or earlier if certain market conditions occur, the primary condition being a trigger based generally on the extent to which prescriptions of Alphagan P 0.15% have been converted to other brimonidine-containing products (including Alphagan P 0.1% and Combigan) marketed by Allergan; and

• Upon market entry of Alcon's brimonidine 0.15% product, Alcon will pay Allergan royalties on the sale of its product in the United States.

Additionally, Allergan has dismissed a separate patent infringement lawsuit it filed against Alcon in the United States District Court for the District of California related to self-preserved ophthalmic antibiotics, according to the release.

Allergan, with headquarters in Irvine, Calif., develops and commercializes products in the ophthalmology, neurosciences, medical dermatology, medical aesthetics and other specialty markets.

Alcon is a health care company based in Fort Worth, Texas., that develops ophthalmology products.

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