Supreme Court lets Waxman/Hatch ruling stand
Executive Summary
Supreme Court declines to hear dispute over whether Waxman/Hatch allows a patent holder to sue an ANDA filer for infringement of a patent covering an unapproved use. Allergan appealed from a Federal Circuit ruling that patents covering the unapproved use of Alphagan for the treatment of ocular injuries are not infringed by Alcon and Bausch & Lomb ANDAs for the approved use of brimonidine in lowering intraocular pressure. High court refuses to hear case despite Federal Circuit panel's statements that it disagreed with the controlling case law under which it found noninfringement (1"The Pink Sheet" April 7, 2003, p. 25)...