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Allergan and Alcon have settled a patent infringement lawsuit in a US District COurt contending that Alcon's proposed brimonidine 0.15% product infringes two brimonidine-related patents owned by Allergan.

'We are pleased with this settlement and the delayed-entry license taken by Alcon, which respects our intellectual property portfolio,' said Allergan chairman and chief executive David Pyott.

'This delayed-entry license, which we are confident will not commence until September 30, 2009, is in line with Allergan's long-term strategy for our overall brimonidine franchise.'

In addition, Allergan has dropped a separate patent infringement lawsuit against Alcon relating to self-preserved ophthalmic antibiotics.

Allergan's Alphagan product has been used to reduce intraocular pressure in patients for more than five years. Alphagan, Alphagan P 0.1% and Alphagan P 0.15% are indicated for lowering IOP in patients with open-angle glaucoma or ocular hypertension.

Details of the settlement:

• Alcon has agreed to a license beginning on September 30 2009, in the US under both patents at issue in the Delaware lawsuit
• Alcon will not sell, offer for sale or distribute its brimonidine 0.15% product until September 30, 2009, or earlier if certain market conditions occur, the primary condition being a trigger based generally on the extent to which prescriptions of Alphagan P 0.15% have been converted to other brimonidine-containing products (including Alphagan P 0.1% and Combigan) marketed by Allergan
• Upon market entry of Alcon's 0.15% brimonidine product, Alcon will pay Allergan royalties on the sale of its product in the US.

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