Allergan, Inc. v. Alcon Laboratories, Inc.

ORDER GRANTING ALCON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Before the Court is Defendants’ Alcon Laboratories, Inc., Alcon Research, Ltd., and Alcon Universal, Ltd.’s (collectively Alcon) motion for summary judgment on Plaintiffs’ Allergan, Inc. and Allergan Sales, Inc.’s (collectively Allergan) complaint for patent infringement. After reviewing the moving, opposing, and replying papers, after oral argument on April 29, 2002, and for the reasons set forth below, the Court GRANTS Alcon’s motion.

I.

BACKGROUND

A. Glaucoma

Open-angle glaucoma, the most common form of glaucoma, is a disease of the eye that leads to a gradual loss of vision. Glaucoma is caused by damage to optical cells. As those cells are damaged, vision becomes impaired. Generally, individuals that suffer from glaucoma lose their peripheral vision and subsequently develop blind spots at the sides. If not arrested, it may lead to blindness. Risk factors for glaucoma have traditionally included people with diabetes, high blood pressure, near sightedness, a family history of glaucoma, and black and elderly people. Treatment at the early stages of glaucoma is important because damaged cells cannot be…