Federal court finds two Latisse patents invalid

Washington, D.C.-The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. recently found a pair of patents for Allergan’s Latisse (bimatoprost) invalid and threw out an order preventing Novartis’ Sandoz unit, Actavis, and generic drug company Apotex Inc. from selling their versions of the eyelash growth drug.

Latisse is a variation of the glaucoma drug Lumigan (bimatoprost). The patents, which are owned by Allergan and Duke University and were set to expire in 2022 and 2024, covered ways to apply the chemical compound to promote eyelash growth. Allergan recently estimated that Latisse sales would reach $100 million to $110 million in 2014. 

A patent on forms of Lumigan is set to expire in August, but Allergan won a lawsuit earlier this year involving a formulation for the 0.01 percent solution that will keep that specific version of the drug off the market through 2027. But Sandoz and other generic drug manufacturers are appealing that decision.