Aug. 29, 2019, 4:03 PM; Updated: Aug. 29, 2019, 7:16 PM
Allergan‘s preliminary injunction against Sandoz’s proposed generic version of its glaucoma drug Combigan was upheld by the Federal Circuit Aug. 29.
The U.S. District Court for the District of New Jersey didn’t err in construing the term “wherein” in a way that narrowed the patent and favored Allergan, the U.S. Court of Appeals for the Federal Circuit said.
Allergan sued Sandoz in the New Jersey District Court, arguing Sandoz’s application to create a generic version of Combigan infringed three of its patents. The district court granted Allergan a preliminary injunction.
On appeal, Sandoz challenged the district court’s construction of...