Patent Case Filed Over Generic Eyedrops

On Friday a case was filed in the District Court of New Jersey by Baush & Lomb Inc. and the original patent holders Eye Therapies, LLC. against Slayback Pharma LLC and its subsidiaries. The case is regarding the New Drug Application (NDA) filed by Slayback regarding a generic version of the Lumify eye drop product.

The complaint explained that Lumify is an eye drop product intended to reduce eye redness with an active ingredient of brimonidine, which is dropped into the oracular tissue. The original patent holders are Eye Therapies LLC, who licenses the patent to Bausch & Lomb, who is the holder of the NDA for Lumify. Slayback has made an NDA for a derivative of brimonidine, brimonidine tartarate, which it is pursuing as a generic version of the brimonidine product. The plaintiffs argue that brimonidine tartarate is included within the scope of their patent and that the derivative drug would be infringing.

The plaintiffs are suing for patent infringement and seeking declaratory judgments, injunction to prevent the new drug from being approved and distributed, and monetary damages. They are represented by the Gibbons Law Firm.