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Allergan Wins Ban on Generic

January 04, 2006|From Bloomberg News

Allergan Inc. said it won a ruling temporarily blocking Apotex Inc. from making or selling a generic version of a treatment for eye inflammation.

The ruling, issued Dec. 29 by U.S. District Judge Martin Jenkins in San Francisco, temporarily prohibits Apotex from manufacturing or selling a generic version of Allergan's Acular in the U.S., Allergan spokeswoman Caroline Van Hove said.

Irvine-based Allergan, which also makes the anti-wrinkle drug Botox, sued Apotex over patents for Acular in 2001. The drug is used to treat allergies, sensitivity to light and post-surgical pain. Allergan makes Acular with Syntex, a unit of Swiss drug maker Roche Holding.

"Allergan is pleased with the district court's ruling in favor of Allergan, which validates the importance of the enforcement of patent rights and the preservation of drug innovation in meeting patients' unmet needs," Van Hove said in an e-mail.

A spokesman for Toronto-based Apotex didn't return a call seeking comment. Allergan shares rose $1.16 to $109.12.

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