January 25, 2017
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Bausch + Lomb successfully defends PreserVision patent

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Bausch + Lomb announced it has resolved the patent infringement lawsuit against Vitamin Health Inc. filed in September 2013 in the U.S. District Court for the Western District of New York.

The lawsuit accused Vitamin Health of infringing Bausch + Lomb’s U.S. patent (the ‘297 patent) covering PreserVision AREDS and AREDS 2 Formula eye vitamins through the manufacturing and sale of Vitamin Health’s Viteyes eye vitamins.

On July 25, 2016, the court issued a decision and order awarding summary judgment to Bausch + Lomb on its motion that certain Vitamin Health AREDS-based formula and AREDS2-based formula eye vitamins infringed on the ‘297 patent. Following the trial, the parties reached a settlement resolving other claims.

The court issued a consent decree on Dec. 20, 2016, reflecting that Vitamin Health has admitted the ‘297 patent is valid and enforceable and that certain eye vitamins from the company infringe upon it. Vitamin Health has agreed to pay an undisclosed sum to Bausch + Lomb.