Patent Suit Filed by Allergan Is Dismissed

Bausch & Lomb Inc. said that a federal judge dismissed a patent-infringement suit filed by Allergan Inc., clearing the way for the eye-care company to seek approval to sell a generic version of Allergan’s Alphagan glaucoma treatment.

Irvine-based Allergan sued the rival eye-care company in January, accusing it of infringing two patents Allergan owns relating to Alphagan.

U.S. District Judge David Carter ruled in favor of Bausch & Lomb’s claim that its application with the Food and Drug Administration didn’t infringe the Allergan patents. The decision means the FDA can continue its review of Bausch & Lomb’s application.

A similar suit Allergan filed against Alcon Laboratories Inc. was dismissed by the same judge last month, and Allergan said it’s appealing both decisions.

Allergan shares rose 21 cents to $62.95. Bausch & Lomb shares rose $1.07 to $36.98, both on the NYSE.