ALLERGAN SALES, LLC v. SANDOZ, INC.

No. 2018-2207.

935 F.3d 1370 (2019)

ALLERGAN SALES, LLC, Allergan, Inc., Plaintiffs-Appellees v. SANDOZ, INC., Alcon Laboratories, Inc., Defendants-Appellants

United States Court of Appeals, Federal Circuit.

Decided: August 29, 2019.


Attorney(s) appearing for the Case

Jonathan Elliot Singer , Fish & Richardson, PC, San Diego, CA, argued for plaintiffs-appellees. Also represented by Deanna Jean Reichel , Minneapolis, MN; Susan E. Morrison , Wilmington, DE.

John C. O'Quinn , Kirkland & Ellis LLP, Washington, DC, argued for defendants-appellants. Also represented by Sean M. McEldowney , Calvin Alexander Shank ; Bryan Scott Hales , Chicago, IL; Benjamin A. Herbert , Los Angeles, CA.

Concurring opinion filed by Chief Judge Prost.


Appellees Allergan Sales, LLC and Allergan, Inc. (together, "Allergan") sued Appellants Sandoz, Inc. and Alcon Laboratories, Inc. (together, "Sandoz") in the U.S. District Court for the District of New Jersey ("District Court"), asserting that Sandoz's Abbreviated New Drug Application ("ANDA") No. 91-087 for a generic version...

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