Alcon Laboratories, Inc. v. Allergan, Inc.

Good Law
256 F. Supp. 2d 1080·2003 WL 1877703·67 U.S.P.Q. 2d (BNA) 1178·2003 U.S. Dist. LEXIS 11151
United States District Court, Central District of CaliforniaMarch 20, 2003CV 02-1192 DOCCalifornia4,574 words

Opinion

Opinion

Carter, J.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT OF NONINFRINGMENT

Before the Court is Plaintiffs Alcon Laboratories, Inc., Alcon Research, Ltd., and Alcon Universal, Ltd.’s (collectively Alcon), and Bausch & Lomb, Inc.’s (Bausch & Lomb) motions for summary judgment in this declaratory judgment action. After reviewing the moving, opposing, and replying papers, after oral argument on Monday, March 17, 2003, and for the reasons set forth below, the Court GRANTS the motions.

I.

BACKGROUND

The Drug Price Competition and Patent Term Restoration Act of 1984, also known as the Hatch-Waxman Act, was adopted by Congress to address the need to bring generic drugs to the market quickly and changed the way in which the Food and Drug Administration (FDA) approved the manufacture and use of new and generic drugs. See Glaxo, Inc. v. Novopharm, Ltd., 110 F.3d 1562, 1568 (Fed.Cir.1997).

In order to market a new drug, the maker of the drug must obtain approval from the FDA. 21 U.S.C. § 355 (a). In order to obtain FDA approval, the maker must submit a New Drug Application (NDA) which includes extensive informa tion and testing of the new drug to insure its safety. See 21 U.S.C. § 355 (b). Once the…

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