Patent Fight Is Giving Genzyme Frown Lines

BOSTON (CN) - Allergan has been using Genzyme's patented technology without a license to produce Juvederm wrinkle smoothers, the biotech giant claims in Massachusetts District Court.

In 2007, the Delaware-based Allergan licensed Genzyme's patent for a "viscoelastic gel slurry" compatible with the human body, according to the complaint. It used the gel slurry for Juvederm, which the lawsuit describes as "Allergan's injectable cross-linked hyaluronic acid dermal filler products."

Juvederm comes with "instructions for a method of injection into areas of facial tissue where moderate to severe facial wrinkles and folds occur in order to temporarily add volume to the skin and give the appearance of a smoother surface," according to the complaint.

When Allergan's license expired on July 9, 2010, Genzyme claims it offered to add an additional patent onto the original agreement.

Allergan refused, but Genzyme says it has been using the very patent it refused to license, which it describes as a method of implanting the slurry "into a space of a living body where rheological control is desired."

This conduct has deprived Genzyme of royalties, according to the complaint.

Genzyme seeks an injunction, declaratory judgment and damages. It is represented by Laura Oravec with Ropes & Gray.

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