Sandoz Inc. convinced the Federal Circuit to reverse a $39 million Colorado jury verdict over a Duke University and Allergan Sales LLC patent for a topical eyelash hair-loss treatment because the asserted claim should’ve been found invalid.
Sandoz met the high burden to overturn a jury that sided with a plaintiff on a question of patent validity, according to the precedential opinion authored by Judge Leonard P. Stark and issued Tuesday by the US Court of Appeals for the Federal Circuit. Allergan’s patent “does not expressly disclose even a single embodiment” of the thousand-plus compounds captured in the claim it ...