Allergan Drug Suit Dismissed

Allergan Inc.’s suit to block rival Alcon Laboratories Inc. from selling a generic version of its Alphagan glaucoma treatment was dismissed by a federal judge.

Allergan said it plans to file an expedited appeal. The suit concerns patents relating to a brimonidine tartrate solution.

Alphagan accounted for about 15% of Irvine-based Allergan’s sales in 2000 and 2001, according to filings with the Securities and Exchange Commission. The company reported $1.75 billion in sales last year.

“This order does not end the litigation,” said Douglas S. Ingram, Allergan’s general counsel. “This ruling is, in Allergan’s opinion, inconsistent with applicable federal statutes.”

Alcon, a unit of Swiss food maker Nestle, earlier this week persuaded U.S. District Judge David O. Carter in Santa Ana to dismiss the 5-month-old suit.

Allergan shares fell $2.96 to $61.05 on the New York Stock Exchange.