Ciba Vision announced that Novartis AG has filed a patent infringement lawsuit on its behalf against Bausch & Lomb in Ireland. The suit, which was filed in the High Court in Dublin, claims that Bausch & Lomb's PureVision contact lenses infringe an Irish patent that protects the unique technology used to develop Ciba Vision's Focus Night & Day contact lenses, which allow 30 nights of continuous wear.
The patent -- Irish Patent 819258 -- is the result of research collaboration between Ciba Vision and an Australian research group and is jointly held by Novartis and the Commonwealth Scientific and Industrial Research Organization (CSIRO) Australia. Novartis is seeking to have the Court prohibit Bausch & Lomb from manufacturing and selling its infringing product in Ireland.
"Ciba Vision has a long history of innovation in the contact lens industry," said Scott Meece, vice president and general counsel for Ciba Vision. "The patent system globally promotes such innovation by providing a limited period of exclusivity in exchange for public disclosure of inventions. In reliance on these patent rights, we invest millions each year in research and development. As we have demonstrated in recent cases, we will continue to vigorously enforce our valuable intellectual property rights against all infringers."
Ciba Vision has had litigation pending against Bausch & Lomb in the United States since 1999 for infringement of related patents in the U.S. (known as the "Nicolson patents"). The cases in the U.S. were initially delayed because of Bausch & Lomb's attempts to invalidate the patents in four reexamination proceedings before the United States Patent & Trademark Office (USPTO). After Bausch & Lomb exhausted all options with the USPTO, all four patents were issued again in November 2000, confirming the patents' validity and illustrating the pioneering nature of the inventions. Ciba Vision has also initiated litigation against Bausch & Lomb in several other countries.
A recent decision in a separate patent infringement case prevents Bausch & Lomb from manufacturing or selling PureVision in the United States until April 2005. If Ciba Vision prevails in the U.S. case regarding the Nicolson patents, PureVision lenses will remain off the market until at least 2014.
"We remain confident in our patents that protect this technology," added Meece. "We are eager to go to trial with our suits in the U.S., Australia, Germany and now in Ireland, to continue to protect Ciba Vision's breakthrough inventions."