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Appeals court finds Novartis generic does not infringe Allergan Combigan patents

The U.S. Court of Appeals for the Federal Circuit affirmed a decision by the U.S. District Court for the Eastern District of Texas that three Allergan plc patents relating to Combigan are valid.

In addition, the appeals court affirmed the district court's decision that Novartis AG unit Sandoz's proposed generic version of Combigan does not infringe two of the Allergan patents, and reversed the district court's decision that Sandoz's generic infringed the third patent.

Allergan plans to file petitions for rehearing of the appeals court decision within 30 days.

The company said it does not believe the federal district court's injunction preventing final approval and launch of the Sandoz product will be lifted before a decision on Allergan's petitions.

Sandoz and Allergan are also parties to a lawsuit in the U.S. District Court for the District of New Jersey, in which Allergan asserts that Sandoz's proposed generic product infringes an additional patent for Combigan that expires in April 2022.

Allergan believes the appeals court ruling will not result in the market formation for a generic Combigan product.