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Contact lens patent battle continues
A federal appeals court denied Bausch & Lomb’s request to return to selling its PureVision contact lenses in the United States.
Bausch & Lomb had asked for a permanent stay of an injunction prohibiting it from selling the lenses, but the request was denied. B&L officials said the company will move the manufacturing of its PureVision lenses to its plant in Waterford, Ireland, to continue supplying its European and Asian customers. B&L must discontinue manufacturing and sales of the product in the United States while the company proceeds with an appeal, which could take up to 18 months.
CIBA Vision, through its Wesley Jessen subsidiary, filed suit against B&L in May 2001, claiming patent infringement. The District Court for the District of Delaware ruled in late June 2002 that B&L infringed upon a CIBA patent and ordered B&L to discontinue the manufacture and sale of its PureVision lenses in the U.S.
If B&L loses its appeal, it will not be able to resume U.S. sale or manufacture of the product until 2005.