Indianapolis, Indiana – Patent lawyers for Alcon Research, Ltd and Alcon Laboratories, Inc., both of Fort Worth, TX, filed a lawsuit alleging Wockhardt Limited of Maharashta, India, and Wockhardt USA, LLC, of Parsippany, NJ, have infringed, and will infringe, Patent No. 5,641,805, titled TOPICAL OPTHTHALMIC FORMULATIONS FOR TREATING ALLERGIC EYE DISEASES, as issued by the U.S. Patent Office.
Working in the generic pharmaceutical field, the defendants allegedly submitted Abbreviated New Drug Application (“ANDA”) No. 200810 to the FDA, seeking permission to market a generic version of the plaintiffs’ PATANOL(R) topical ophthalmic solution. The ANDA filing apparently claimed a certification that the ‘805 patent is invalid, unenforceable, and/or would not be infringed by the generic version. In their complaint, the plaintiffs allege that the ANDA filing itself is an act of infringement and the defendants’ proposed use of their generic drug prior to the expiration of the ‘805 patent would also infringe the patent. Among other things, the plaintiffs seek a judgment of infringement, an order that the effective date of FDA generic approval may not be earlier that the expiration date of the ‘805 patent, and an injunction.
Practice Tip: It is possible for a generic drug developer to obtain a patent on its formulation, but not on the active ingredients, which must be the same as that in the original drug.Complaint – Alcon v. Wockhardt
Filed: February 12, 2010 as 1:2010cv00181 Updated: April 8, 2010 18:04:51
Presiding Judge:Judge Richard L. Young
Referring Judge:Magistrate Judge Debra McVicker Lynch
Cause Of Action: Patent Infringement