Allergan Inc., a maker of eye and beauty products, accused Canadian generic drug maker Apotex Inc. of infringing five U.S. patents for preparations used in the treatment of glaucoma.
Allergan said in a federal lawsuit filed Monday in Delaware that Apotex told the company in April that it was seeking U.S. Food and Drug Administration approval to market generic versions of Allergan's Alphagan ophthalmic solution.
"Apotex has committed an act of infringement," Irvine-based Allergan said in the suit, which seeks a jury trial and an order to stop Apotex's use of the invention.
Allergan, which had a $127.4-million net loss last year on sales of $3.06 billion, said May 2 that sales of eye products including Alphagan rose 11% to $403 million in the first quarter. In January, the company, which also makes wrinkle smoother Botox, projected Alphagan sales of as much as $315 million this year.