Knobbe Martens Olson & Bear LLP - IP Litigation, Bausch & Lomb

Alcon Labs., Bausch & Lomb, Inc. v. Allergan, Inc., SACV02-1192 DOC (ANx) (C.D. Cal.)

The firm successfully represented Bausch & Lomb, Inc. in obtaining summary judgment of non-infringement for Bausch & Lomb's generic Alphagan® product, a brimonidine compound used for lowering intraocular pressure in glaucoma patients. Allergan holds several patents relating to brimonidine, including the patent that was asserted in this case against Bausch & Lomb and Alcon Laboratories for their proposed generic products. Less than three months after initiation of suit and without any discovery, the district court granted summary judgment of non-infringement in favor of Bausch & Lomb and Alcon, finding that neither infringed Allergan's patent. The court's decision of non-infringement paved the way for the FDA's ultimate approval of Bausch & Lomb's generic Alphagan® product. Published decision at 256 F. Supp. 2d 1080 (C.D. Cal 2003).