May 25, 2011
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Alcon wins patent infringement suit over generic version of olopatadine

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BASEL, Switzerland — Two affiliates of Novartis International AG have won a lawsuit against a company aiming to market a generic version of Patanol, Novartis announced in a press release.

The U.S. District Court for the Southern District of Indiana ruled in favor of Alcon Laboratories and Alcon Research, along with Kyowa Hakko Kirin, against Apotex Inc. and Apotex Corp.

The patent infringement lawsuit was filed after Apotex submitted an abbreviated new drug application to manufacture and sell a generic version of Patanol (olopatadine hydrochloride ophthalmic solution) before U.S. patent No. 5,641,805 expires in 2015, according to the release.

The court ruled that the patent, which is owned jointly by Alcon and Kyowa, was valid and enforceable.

"Alcon invested many years and millions of dollars in the discovery and development of an ocular allergy product that would stabilize mast cells in the eye and provide long-term relief of the signs and symptoms of ocular allergies. Patanol was the result of this R&D effort and today's court decision is an important milestone to defend Alcon's intellectual property rights," Stuart Raetzman, Alcon's U.S. area president and vice president of global marketing, said in the release.