Permanent injunction denied after infringement finding
Alcon, Inc. and Alcon Research, LTD. v. Teva Pharmaceuticals USA, Inc., Civ. No.06-234-SLR, August 5, 2010.
Robinson, J. Plaintiff’s motion to amend judgment to enter permanent injunction is denied.
A topical ophthalmic solution comprised of moxifloxacin hydrochloride is the subject of this ANDA case. In an opinion dated 10/19/09, the court found the patent-in-suit was valid and infringed but did not order injunctive relief. Plaintiff is entitled to a declaration that the FDA may not approve defendant’s ANDA prior to 2020. Plaintiff has failed to prove irreparable harm, however. Its argument that any deprivation of its statutory right to exclude others constitutes irreparable harm is unavailing. The court notes that defendant will not be able to market its product until six month after the patent expires.
