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Allergan Reports Loss Because of Settlement

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Times Staff Writer

The cost of settling a patent dispute over one of its most promising drugs left Irvine-based Allergan Inc. with a third-quarter loss of $36.8 million, the company announced Thursday. But sales surged 24% based largely on the company’s popular Botox cosmetic treatment for facial wrinkles.

The loss amounted to 28 cents a share, contrasted with a profit of $66.8 million, or 50 cents a share, a year earlier. Sales rose to $350 million from $282.1 million a year earlier.

Sales of Botox, also approved to treat muscle spasms, rose 43% to $110.7 million in the quarter. In April, the Food and Drug Administration approved Botox for relaxing forehead wrinkles. Through the nine months ended Sept. 30, Botox sales totaled $311.5 million, surpassing sales of $310 million for all of 2001.

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The company said Thursday that it also would seek FDA approval to expand the use of Botox to include treatment for hyperhidrosis, or uncontrollable sweating.

Allergan said it had reached a “settlement in principle” with rival Pharmacia Corp. and with Columbia University over patent infringement claims in California, Delaware and Europe involving the company’s glaucoma drug Lumigan. It recorded a reserve of $118.7 million in the quarter to cover the expense. Allergan will owe future royalties on the sale of Lumigan, but the settlement -- which Allergan hopes will be signed within the week -- ensures the company’s right to sell Lumigan worldwide.

Allergan Chief Executive David Pyott said the settlement “will enable us to focus our efforts and resources on expanding our eye-care franchise worldwide.”

Credit-rating firm Standard & Poor’s Inc. agreed, saying Thursday that the settlement “removes a significant uncertainty” surrounding Lumigan’s sales prospects. In spite of the dispute, Lumigan sales rose 228.5% during the quarter to $35 million and stand at $88 million for the year to date.

Excluding settlement costs, Allergan’s profit would have been 48 cents a share, which would have beaten analysts’ expectations by 3 cents.

The company’s shares fell $4.25 to $57.40 in New York Stock Exchange trading Thursday.

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