Sept. 5 (Bloomberg) -- Allergan Inc.'s victory of a ruling that prevents Apotex Inc. from selling a generic version of the Acular LS medicine for eye pain until next year will stand, an appeals court said today.

The U.S. Court of Appeals for the Federal Circuit denied a request to reconsider its July 9 decision, in which it upheld a ruling that prevents closely held Apotex from selling a generic version of Acular LS, which treats eye pain or burning following cornea surgery. Notice of the decision was posted on the court's Web site.

A three-judge panel of the Federal Circuit in Washington in July said the proposed generic drug infringes the patent, co- owned with a Roche Holding AG unit.

Allergan, based in Irvine, California, fell $1.14 to $54.48 at 4:04 p.m. in New York Stock Exchange composite trading.

The case is Roche Palo Alto LLC v. Apotex Inc., 08-1021, U.S. District Court of Appeals for the Federal Circuit (Washington).

To contact the reporter on this story: Susan Decker in Washington at sdecker1@bloomberg.net.

Last Updated: September 5, 2008 16:13 EDT