Allergan Sales LLC

Federal Circuit Invalidates $39 Million Hair Loss Drug Patent in Sandoz Victory

- The Federal Circuit reversed a $39 million jury verdict against Sandoz, finding Duke University and Allergan's patent for eyelash hair loss treatment invalid for lack of adequate written description. - The court determined that the patent's specification was too broad, encompassing billions of compounds while claiming only 1,620, failing to provide sufficient guidance to skilled artisans. - Sandoz successfully challenged the validity of claim 30 of U.S. Patent No. 9,579,270, which covers prostaglandin formulations for treating hair loss including Allergan's FDA-approved Latisse. - The decision establishes important precedent for patent validity requirements, particularly regarding written description standards for chemical compound patents with broad specifications.