Ista Pharmaceuticals Inc – ‘S-3’ on 6/21/02 – EX-5.1

On:  Friday, 6/21/02, at 5:18pm ET   ·   Accession #:  891618-2-2916   ·   File #:  333-90994

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Registration Statement for Securities Offered Pursuant to a Transaction   —   Form S-3
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: S-3         Registration Statement for Securities Offered       HTML    509K 
                          Pursuant to a Transaction                              
 2: EX-5.1      Opinion re: Legality                                   1      7K 
 3: EX-23.1     Consent of Experts or Counsel                          1      5K 

EX-5.1   —   Opinion re: Legality

EX-5.1
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                                                                     EXHIBIT 5.1

June 21, 2002 

ISTA Pharmaceuticals, Inc.                                                      
15279 Alton Parkway #100                                                        
Irvine, CA 92618                                                                

Re:  Registration Statement on Form S-3                         

Ladies and Gentlemen:                                                           

      We have examined the Registration Statement on Form S-3 to be filed by
you with the Securities and Exchange Commission on or about the date hereof (the
"Registration Statement"), in connection with the registration under the        
Securities Act of 1933, as amended (the "Act"), of 100,000 shares of Common     
Stock of ISTA Pharmaceutical, Inc. (the "Shares").                              

        All of the Shares are issued and outstanding and may be offered for sale
for the benefit of the selling stockholder named in the Registration Statement. 
We understand that the Shares are to be sold from time to time in the           
over-the-counter-market at prevailing prices or as otherwise described in the   
Registration Statement. As your counsel in connection with this transaction, we 
have examined the proceedings taken by you in connection with the issuance of   
the Shares.                                                                     

    It is our opinion that the Shares are validly issued, fully paid and
non-assessable.                                                                 

       We consent to the use of this opinion as an exhibit to the Registration
Statement, and further consent to the use of our name wherever appearing in the 
Registration Statement, including the prospectus constituting a part hereof, and
any amendment thereto.                                                          

                 Very truly yours,

                                WILSON SONSINI GOODRICH & ROSATI
                        Professional Corporation

                                    /s/ WILSON SONSINI GOODRICH & ROSATI

Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘S-3’ Filing		Date		Other Filings
Filed on:		6/21/02		4
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