A federal judge in Delaware has ruled that the ongoing Allergan Botox patent fight will proceed to trial this July, following the denial of summary judgment motions filed by the parties involved.
The case, brought by Allergan Inc. against Revance Therapeutics Inc. and Ajinomoto Bio-Pharma Services, centers around allegations that Revance’s botulinum toxin product, Daxxify (DaxibotulinumtoxinA-lanm), infringes on multiple patents related to Botox formulations and stabilization methods.
In a 30-page opinion issued Monday, U.S. District Judge Richard G. Andrews largely rejected summary judgment motions from both Allergan and Revance, clearing the way for the Allergan Botox patent fight trial to proceed in July in Delaware.
The court found that Allergan did not provide sufficient evidence to support its claim to an earlier conception date for one of its formulation patents. Judge Andrews noted, “Allergan cannot point to one document that proves the conception of the three-month storage buffered claim,” which involves animal protein-free formulations.
Judge Andrews also denied Revance’s request to dismiss claims for lost profits, despite Allergan Ireland now holding rights to the Botox-related intellectual property following a series of transfers from other Allergan entities between 2001 and 2020.
The court further declined to grant Allergan’s motion to find infringement based on Revance’s stipulations, stating that such a ruling could complicate the jury process and reduce incentives for future legal stipulations.
The case, originally filed in 2021, alleges that Revance’s Daxxify product infringes six U.S. patents (Nos. 11,033,625; 11,147,878; 7,354,740; 8,409,828; 11,124,786; and 7,332,567). Despite Revance’s previous motion to dismiss on the grounds it might never commercialize the product, the court maintained that intent to sell is not a prerequisite for potential patent infringement.
Allergan is represented by Morris Nichols Arsht & Tunnell LLP and Paul Hastings LLP. Revance and Ajinomoto are represented by Young Conaway Stargatt & Taylor LLP and Sterne Kessler Goldstein & Fox PLLC.
The case is Allergan Inc. et al. v. Revance Therapeutics Inc. et al., case number 1:21-cv-01411, in the U.S. District Court for the District of Delaware.
