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Law360: Jury Says Sandoz Owes US$39M For Eyelash Drug Infringement

March 31, 2023

A Colorado federal jury held that Novartis subsidiary Sandoz owes Duke University and Allergan US$39 million for infringing their patent on Latisse, an eyelash growth drug. Timothy S. Durst, an attorney for Duke and Allergan, noted that the US Patent and Trademark Office examined Sandoz’s invalidity arguments and that the company tried to use hindsight to invalidate the patent. “The facts and the logic show us that the patent office got this right,” Durst said. Duke University and Allergan Sales LLC are represented by Lisa B. Pensabene, Timothy S. Durst, Hassen A. Sayeed, Caitlin P. Hogan, Carolyn S. Wall, James Yi Li, and Jing Ying Zhao of O’Melveny & Myers LLP.

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