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Federal circuit court blocks sales of PureVision lens during appeal
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WASHINGTON — A ruling by the U.S. Court of Appeals for the Federal Circuit has reinstated an injunction that will temporarily force Bausch & Lomb to halt the sale of its PureVision lenses in the United States.
The circuit court has denied Bausch & Lomb’s request for a permanent stay of the injunction issued by the U.S. District Court for the District of Delaware.
Bausch & Lomb is appealing the June 26 ruling in favor of Wesley Jessen and its parent company, CIBA Vision. In the litigation, CIBA Vision claimed that Bausch & Lomb’s PureVision contact lens material infringed on U.S. Patent No. 4,711,943, also known as the Harvey Patent, which is owned by Wesley Jessen.
Bausch & Lomb had received a temporary stay of the injunction from the federal circuit court on June 28. The recently denied request had been for a “stay pending appeal,” which would have allowed the manufacture and sale of the lenses throughout the 12- to 18-month appeals process.
If Bausch & Lomb loses its appeal of this case, the company cannot continue manufacture or sale of the product within the United States at least until 2005, when Patent No. 4,711,943 expires.
“The Federal Court’s decision was appropriate, given the District Court’s sound and well-reasoned ruling that our patent is valid, enforceable and infringed by Bausch & Lomb,” said Scott Meece, vice president and general counsel for CIBA Vision. “U.S. patent law stimulates innovation by protecting a company’s unique developments and preventing other companies from manufacturing or selling an existing product during the period the patent covers, and the court’s ruling supports innovation by enforcing these laws.”
In response to the ruling, Bausch & Lomb has announced that it will manufacture its PureVision lenses in its plant in Waterford, Ireland, for the duration of the appeal. The transfer of PureVision manufacturing from the U.S. plant in Rochester, N.Y., will allow Bausch & Lomb to meet the needs of European and Asian eye care professionals.
Bausch & Lomb will use current inventories of PureVision lenses to fill overseas customer orders during the transition of manufacturing.
“Our patented PureVision lens is the result of more than a decade of original science and investment of more than $60 million,” said Robert B. Stiles , senior vice president and general counsel of Bausch & Lomb. “Our PureVision lens does not infringe on the patent in question, and we believe the patent is valid. We are asking the Court of Appeals to reverse the decision of the lower court and once again give hundreds of contact lens wearers in the United States access to the latest continuous-wear contact lens technology.”
For Your Information:
- Scott Meece is vice president and general counsel for CIBA Vision. CIBA Vision can be reached at 11460 Johnson Creek Pkwy., Duluth, GA 30097-1556; (800) 233-9223; fax: (678) 415-3416.
- Robert Stiles is senior vice president and general counsel of Bausch & Lomb. Bausch & Lomb can be reached at One Bausch & Lomb Place, Rochester, NY 14604; (585) 338-5469; fax: (800) 356-8056.