Generic Lumigan® products infringe valid patents
Allergan, Inc. v. Barr Laboratories, Inc., et al., Civ. No. 09-333-SLR, September 8, 2011.
Robinson, J. Findings of fact and conclusions of law.
This patent case involves generic versions of Lumigan® (bimatoprost ophthalmic solution) used to treat intraocular pressure in people with glaucoma. The defendants did not dispute infringement following claim construction and the evidence at trial support a finding of infringement. The patents-in-suit, U.S. Patent Nos. 5,688,819 and 6,403,649 were not inherently anticipated. Defendants waived certain obviousness arguments by failing to present them at trial and otherwise failed to meet their burden because their expert’s testimony was not credible. The patents are valid.
