
A US appeals court on Tuesday overturned a previous lower-court ruling that dismissed a patent infringement case bought by Allergan over Latisse (bimatoprost). In the original lawsuit, which was filed in 2009, Allergan alleged that a number of companies either infringed the patent for the eyelash growth product or induced others to infringe it.
While a US district court ruled that Allergan failed to prove that it was injured by any infringement, the appeals court said Tuesday that "Allergan has plainly alleged an economic injury that was the result of an unfair business practice."
Latisse, which was introduced in 2009, recorded sales of $25.3 million in the first quarter of this year.