When Allergan Inc. was sued for allegedly breaking a patent licensing pact involving its drug Botox, the company’s lawyers at Gibson, Dunn & Crutcher took aim at the accuser. The counterattack gained steam on Tuesday, when a judge in Los Angeles refused to dismiss claims that patent holder Miotox LLC misused its patents by trying squeeze Allergan for Botox royalties.
Miotox owns several patents on methods for treating migraine headaches with targeted administration of Botox and similar neurotoxins. Miotox, now represented by Deborah Fishman of Kaye Scholer, sued Allergan in October, claiming Allergan breached a 1998 licensing agreement by refusing to maintain royalty payments. Miotox is seeking damages potentially north of $600 million.
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