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Court rules in favor of Alcon in Nidek patent infringement suit
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HUNENBERG, Switzerland — A U.S. federal court last week ruled in favor of Alcon in a patent infringement suit filed against Nidek.
The suit was originally filed in December 1998 by Summit Technology, which Alcon had acquired in 2000. The suit alleged that the Nidek excimer laser infringed on two of Summit's critical patents. The suit also asked for damages and for a permanent injunction against future sales of the equipment.
The court ruled Alcon was entitled to lost profits of $14.8 million, and that Summit was entitled to past royalties of $2.4 million for sales up to January 2001. The court also ruled that Alcon was entitled to royalties at a rate of 5% on all sales made after January 2001.
The court found infringement on all claims on two separate patents, and that Nidek was “willful in its actions,” according to an Alcon press release.