Generic challenger Akorn Inc. failed to recover attorney fees when invalidating Allergan's eyelash enhancer patents, therefore, those cases cannot be considered "sham" proceedings that give rise to monopolization claims, Judge Brian Martinotti rules.
September 18, 2019 at 04:29 PM
1 minute read
U.S. District Judge Brian R. Martinotti/courtesy photo
Allergan Inc. might have struck out three times in previous efforts to enforce Latisse eyelash enhancer patents. But that doesn’t mean its fourth try, or all of them taken together, represent an illegal scheme to monopolize the $70 million-a-year market, a federal judge decided Monday.
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