CIBA responds to court ruling in Vistakon case
JACKSONVILLE, Fla. — CIBA Vision last week was denied a motion for a temporary restraining order to halt the launch of Acuvue Oasys brand contact lenses by a U.S. district court. Vistakon reported that it planned to move forward with the distribution this week of Acuvue Oasys with Hydraclear Plus lenses throughout the United States.
“In response to this development, Karen L. Gough, president, Americas Region for CIBA Vision said in a prepared statement, “Patent litigation is a very complex process. CIBA Vision's move for a preliminary injunction is just another step in enforcing our patents.”
“Ms. Gough continued, “We believe our case is strong and that we will ultimately prevail when it goes to trial. The judge's decision on this motion was based solely on the issue of irreparable harm, whether or not J&J could compensate CIBA Vision financially if they were ultimately found to have infringed our patents.”
“Ms. Gough said that CIBA Vision's O2Optix brand was a major contributor to silicone hydrogel category growth, accounting for 8.5% of all soft lens new fits during the first quarter of 2005.
“We will continue to vigorously enforce all of these valuable intellectual property rights against any and all infringers,” she said.