Validity of Allergan Patents Acknowledged by Jan Marini in Settlement of Allergan's...

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Fri Jul 18, 2008 9:00am EDT

Validity of Allergan Patents Acknowledged by Jan Marini in Settlement of Allergan's Patent Infringement Suit Against Jan Marini Skin Research, Inc.

     -- Jan Marini Agrees to Cease Manufacturing and Marketing of
Eyelash Conditioning Products Containing Certain Drug Substances, such
                      as Prostaglandin Analogs --
IRVINE, Calif.--(Business Wire)--
Allergan, Inc. (NYSE:AGN) announced today that it has agreed to
dismiss its legal action against Jan Marini Skin Research, Inc. ("Jan
Marini"), one of the defendants in Allergan's patent infringement
lawsuit pending in the United States District Court for the Central
District of California. The dismissal is based on Jan Marini
acknowledging the validity of Allergan's relevant patents covering the
use of certain drug substances, such as prostaglandin analogs, to
promote eyelash enhancement and also agreeing to cease its
distribution of eyelash products containing these ingredients in the
United States and other countries worldwide where Allergan owns
related patents.

   As recently announced, Allergan has completed a clinical program
with its patented formulation of bimatoprost, a synthetic
prostaglandin analog, and will pursue United States Food and Drug
Administration approval to market a product to stimulate eyelash
growth in the United States.

   "We are pleased that Jan Marini has acknowledged that Allergan's
U.S. and foreign eyelash growth patents are valid and enforceable and
has agreed to cease further distribution of its eyelash growth
products," said Douglas S. Ingram, Allergan's Executive Vice
President, Chief Administrative Officer, General Counsel and
Secretary. "Allergan has a significant intellectual property estate
covering this area. Allergan has sued, or is evaluating suit against,
a number of infringers for refusing to respect our intellectual
property rights. As evidenced by our ongoing lawsuit against those
companies and individuals who have chosen to market unapproved eyelash
products containing active pharmaceutical ingredients, Allergan will
not idly stand by while others infringe our intellectual property
rights."

   Forward-Looking Statements

   This press release contains "forward-looking statements",
including the statements by Mr. Ingram, and other statements regarding
research and development outcomes, efficacy, market and product
potential and other statements regarding prostaglandin analogs,
including bimatoprost. These statements are based on current
expectations of future events. If underlying assumptions prove
inaccurate or unknown risks or uncertainties materialize, actual
results could vary materially from Allergan's expectations and
projections. Risks and uncertainties include, among other things,
general industry, economic and pharmaceutical market conditions;
technological advances and patents attained by competitors; the
ongoing viability of Allergan's existing and future intellectual
property estate and the uncertainty of the litigation process;
challenges inherent in the research and development and regulatory
processes; challenges related to new product marketing, such as the
unpredictability of market acceptance for new pharmaceutical and
biologic products and/or the acceptance of new indications for such
products; inconsistency of treatment results among patients; potential
difficulties in manufacturing; and governmental laws and regulations
affecting domestic and foreign operations. Additional information
concerning these and other risk factors can be found in press releases
issued by Allergan, as well as Allergan's public periodic filings with
the Securities and Exchange Commission, including the discussion under
the heading "Risk Factors" in Allergan's 2007 Form 10-K and Allergan's
Form 10-Q for the period ended March 31, 2008. Copies of Allergan's
press releases and additional information about Allergan is available
on the World Wide Web at www.allergan.com or you can contact the
Allergan Investor Relations Department by calling 1-714-246-4636.

   About Allergan, Inc.

   Founded in 1950, Allergan, Inc., with headquarters in Irvine,
California, is a multi-specialty health care company that discovers,
develops and commercializes innovative pharmaceuticals, biologics and
medical devices that enable people to live life to its greatest
potential - to see more clearly, move more freely, express themselves
more fully. The Company employs approximately 8,000 people worldwide
and operates state-of-the-art R&D facilities and world-class
manufacturing plants. In addition to its discovery-to-development
research organization, Allergan has global marketing and sales
capabilities with a presence in more than 100 countries.

   (C) 2008 Allergan, Inc. Irvine, CA 92612. (R) and (TM) marks owned
by Allergan, Inc.

Allergan Contacts
Jim Hindman, 714-246-4636 (investors)
Joann Bradley, 714-246-4766 (investors)
Emil Schultz, 714-246-4474 (investors)
Caroline Van Hove, 714-246-5134 (media)
Heather Katt, 714-246-6224 (media)

Copyright Business Wire 2008
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