Indiana Patent Litigation: Alcon Alleges Infringement of Eye Drug by Generic Drugmaker

Indianapolis, IndianaAlcon Research, Ltd. of Fort Worth, Texas and Alcon Pharmaceuticals Ltd. of Fribourg, Switzerland filed an intellectual property lawsuit in the Southern District of Indiana.  They assert infringement of two patents covering Pataday®, an ophthalmic pharmaceutical.  Pataday is covered by U.S. Patent Nos. 6,995,186 (the “‘186 patent”) and 7,402,609 (the “‘609 patent”).


Defendant Akorn, Inc., a generic drugmaker based in Lake Forest, Illinois, filed an Abbreviated New Drug Application (“ANDA”) with the U.S. Food and Drug Administration seeking approval to manufacture and sell a generic version of Plaintiffs’ drug prior to the expiration of the two patents-in-suit.  Plaintiffs contend that the submission of this ANDA is an act of patent infringement.

In this Indiana complaint, patent lawyers for Alcon ask the court to adjudicate the following:

  • Count I: Infringement of the ‘186 Patent
  • Count II: Infringement of the ‘609 Patent
  • Count III: Declaratory Judgment of Infringement of the ‘186 Patent
  • Count IV: Declaratory Judgment of Infringement of the ‘609 Patent

Plaintiff seeks a judgment that the ‘186 and ‘609 patents are valid and enforceable and have been infringed.  It asks the court for injunctive relief protecting products covered by those patents prior to the patents’ expiration.  Plaintiff further seeks an award of attorneys’ fees and expenses.

The case was assigned to District Judge Jane Magnus Stinson and Magistrate Judge Matthew P. Brookman in the Southern District of Indiana and assigned Case No. 1:16-cv-03092-JMS-MPB.

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