ALLERGAN SALES, LLC

Federal Circuit Overturns $39 Million Jury Verdict, Invalidates Allergan Hair Loss Patent for Inadequate Written Description

- The Federal Circuit reversed a $39 million jury verdict against Sandoz, finding Duke University and Allergan's hair loss patent invalid for lacking adequate written description support. - The court ruled that the patent specification failed to provide sufficient "blaze marks" to guide skilled artisans from billions of disclosed compounds to the narrow subgenus of 1,620-4,230 compounds actually claimed. - The decision highlights critical requirements for chemical genus patents, emphasizing that specifications must clearly direct artisans to claimed inventions rather than presenting "maze-like paths" with multiple branching options. - The ruling affects LATISSE, Allergan's eyelash growth drug containing prostaglandin F analogs, and establishes important precedent for written description requirements in pharmaceutical patents.