Allergan Patent for Eye Drug Is Upheld

A federal judge in San Francisco on Wednesday upheld Allergan Inc.’s patent for its top-selling eye drug Acular, blocking Apotex Inc. from selling a competing product. The ruling may help Allergan in a government antitrust investigation.

U.S. District Judge Martin Jenkins said Apotex could not sell a generic version of Acular until Allergan’s patent expired in 2009. Acular is used to treat allergy, photophobia, post-surgical pain and post-surgical inflammation.

“This is a victory for Allergan and for the medical community,” Allergan general counsel Douglas S. Ingram said in a statement. “New medicines that benefit patients come only from innovation, and respect for patents is the lifeblood of that innovation.”

Irvine-based Allergan, which also makes the anti-wrinkle treatment Botox, is under investigation by the Federal Trade Commission.

Apotex has complained that Allergan and partner Syntex Inc., a unit of Roche, misused the patent process to block low-cost versions of Acular. An antitrust suit by Apotex against the two companies is pending before Jenkins.

“We will work closely with the FTC to discuss the impact of this ruling on their investigation,” Allergan spokeswoman Stephanie Fagan said.

FTC spokesman Mitch Katz said the agency did not comment on non-public investigations.

Closely held Apotex is based in Toronto with U.S. headquarters in Weston, Fla. It’s the largest Canadian-owned pharmaceutical company. Spokesman Bob Billings said company executives were reviewing the opinion and had no immediate comment.

Allergan shares rose 60 cents to $76.81 on the New York Stock Exchange. The shares have risen 33% in 2003.