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U.S. Federal Circuit Court Affirms Judgment for Allergan, Inc. and Roche Palo Alto, LLC against Apotex, Inc., Apotex Corp., and Novex Pharma in Ketorolac Patent Infringement Lawsuit

Published in FDA Law Weekly, April 26th, 2007

Allergan, Inc. (NYSE:AGN) announced that the United States Court of Appeals for the Federal Circuit has affirmed a favorable ruling for Allergan and Roche Palo Alto, LLC, formerly known as Syntex (U.S.A.) LLC, in a patent infringement lawsuit against Apotex, Inc., Apotex Corp., and Novex Pharma (the "Defendants") preventing the Defendants from obtaining U.S. Food and Drug Administration approval to market a generic version of Allergan's product ACULAR(R) (ketorolac tromethamine ophthalmic solution) 0.5% and enjoining the Defendants from manufacturing or selling the same.

In 2006, the Defendants appealed a ruling by the United States District Court for the Northern...

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