Irvine’s Allergan Inc. has filed a patent lawsuit against a Canadian company seeking to make a generic version of its Latisse eyelash-growing drug.
According to the Wall Street Journal, the drug maker said in a lawsuit that Toronto-based Apotex Inc. had filed an application with the Food and Drug Administration to make and sell a generic version of Latisse.
Apotex didn’t have an immediate comment on the lawsuit.
Allergan’s patent covering the makeup of bimatoprost, Latisse’s active ingredient, expires in 2012. The FDA says that Latisse has other patents covering the drug’s usage method that stretch until 2024.
According to Allergan, Apotex sent a letter to the company in July saying that it didn’t believe that two of Latisse’s patents are valid and that a third patent is irrelevant.
Allergan is seeking a judgment that Apotex has infringed its three Latisse patents by submitting the FDA application, and that Apotex’ proposed generic would also violate its patents.
Earlier this summer, the FDA said that an undisclosed drug maker had requested permission to market a generic version of Latisse via a patent challenge.
Allergan and Apotex have battled in previous years over patent issues concerning Allergan’s drugs, including the Acular drug for treating itchy eyes.