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US High Court Rejects Allergan Inc's Sanctura Patent Appeal Of Ruling That Favored Watson Pharmaceuticals Inc-Reuters

Monday, 15 Oct 2012 10:52am EDT 

Reuters reported that the U.S. Supreme Court on October 15, 2012 rejected Allergan Inc's appeal of a ruling that favored generic drugmaker Watson Pharmaceuticals Inc over patents related to the treatment of an overactive bladder. Allergan was challenging a June decision by the U.S. Federal Circuit Court of Appeals that its patents related to Sanctura XR were invalid because the treatment was "obvious," meaning it was highly likely to succeed based on information already known. In its appeal, Allergan said the decision, if upheld, would set too low a bar for obviousness and could impede the development of "pioneer" drugs because inventors might fear that they were unpatentable. The Supreme Court, without comment on October 15, 2012, refused to hear the case. Justice Samuel Alito did not participate in the court's decision to deny the appeal. The court's order provided no reason. The case is Allergan Inc et al v. Watson Laboratories Inc, U.S. Supreme Court, No. 12-342. 

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