United States: Patent Victory On Behalf Of CIBA Vision
Last Updated: June 28 2002

WASHINGTON, D.C. (June 27, 2002) — The international law firm of McDermott, Will & Emery is pleased to announce a major patent litigation victory on behalf of CIBA Vision, the eye care unit of Novartis AG.  The U.S. District Court for the District of Delaware ruled in favor of CIBA Vision’s wholly-owned subsidiary Wesley Jessen Corp., who claimed that Bausch & Lomb’s PureVision product infringed Wesley Jessen’s patent, which covers various silicone hydrogel materials for contact lenses.  The court affirmed that Wesley Jessen’s patent was valid, enforceable and infringed, ordering Bausch & Lomb to immediately discontinue the manufacturing and sale of its PureVision lenses in the United States.  The court’s decision came only 13 months after the case was filed.  An earlier attempt by Bausch & Lomb to transfer the case to Atlanta failed and a tight pretrial schedule followed.

In addition to Wesley Jessen’s lawsuit, CIBA Vision currently has litigation pending against Bausch & Lomb for the infringement of four U.S. patents that protect CIBA Vision’s Focus® NIGHT & DAY™ product, an extended wear contact lens with the highest oxygen permeability of any soft contact lens.  The patent case, originally filed in March 1999, was previously delayed when Bausch & Lomb attempted to invalidate CIBA Vision's four patents.  Four reexamination proceedings before the United States Patent and Trademark Office (USPTO) resulted in the USPTO reissuing the four patents, confirming the patents’ validity and illustrating the pioneering nature of CIBA Vision's inventions.  The original patent case was then restarted in April 2001.

McDermott, Will & Emery’s IP litigation team for Wesley Jessen’s victory included Chuck Work, Tom Steindler, Ray Lupo, Ken Cage, Dan Bucca, Pascale Bishop and Bill Young all from the Firm’s Washington, D.C. office.  Karen Pascale of Bouchard Margules & Friedlander served as local counsel.  This is the latest of several significant patent victories for McDermott, Will & Emery, including its successful representation of Broadcom against Intel in the District Court for the Northern District of California and the Firm’s victory on behalf of Medtronic convincing the court to overturn a $271 million judgement against Medtronic in its lawsuit with Cordis Corp.

About CIBA Vision

·          CIBA Vision, headquartered in Atlanta, is a global leader in research, development and manufacturing of optical and ophthalmic products and services, including contact lenses, lens care products and ophthalmic surgical products.

·          CIBA Vision products are available in more than 70 countries.  For more information, visit the CIBA Vision website at www.cibavision.com.

·          CIBA Vision is the eye care unit of Novartis AG (NYSE: NVS), a world leader in health care with core businesses in pharmaceuticals, consumer health, generics, eye care and animal health.  For additional information, visit the Novartis website at www.novartis.com.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Press Releases from this Firm
Recent Content from this Firm
By Romain Perray, Lee A. Schneider, Jacob A. Kuipers
By Philipp Grenzebach, Catharina Dickhäuser
By McDermott Will & Emery
By Erin Turley, Allison Wilkerson, J. Christian Nemeth, Eliot T. Burriss, Emily Rickard, Rick Stepanovic
By Romain Perray, Lee A. Schneider, Jacob A. Kuipers
By Laura McLane
By Daniel Gottlieb
By Michael Peregrine
By Louise-Astrid Aberg, Caroline Ruiz Palmer
By Sharon Lamb, Dale Van Demark
Font Size: