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Alcon, Allergan reach patent litigation agreement

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FORT WORTH, Texas — Alcon and Allergan have reached an agreement on two patent lawsuits involving glaucoma medication brimonidine tartrate 0.15% ophthalmic solution, Alcon said in a press release.

Under terms of the agreement, Allergan will dismiss both suits with prejudice and grant Alcon a co-exclusive license with Allergan for the drug. The settlement allows Alcon to introduce its brimonidine 0.15% product on Sept. 30, 2009 or potentially earlier, according to the release. Once launched, Alcon officials said the company will pay Allergan royalties on all sales.

Alcon said the 2009 date is “at least a decade before the expiration of Allergan’s patents.” Allergan stated that Alcon’s brimonidine solution formulated with Polyquad infringed its patents. Although Alcon received Food and Drug Administration approval in 2005; final approval was withheld pending the outcome of the patent suits.