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Bausch + Lomb Patent Was Violated, Court Finds

Published

7 years ago

January 18, 2017

Vitamin Health agreed to pay a settlement.

BRIDGEWATER, NJ – Bausch + Lomb announced that it has resolved its patent infringement lawsuit with Vitamin Health Inc.

In the settlement, Vitamin Health has agreed to pay an undisclosed sum to Bausch + Lomb, according to a press release from Bausch + Lomb.

The lawsuit, filed in September 2013 in the U.S. District Court for the Western District of New York, accused Vitamin Health of infringing Bausch + Lomb’s patent covering PreserVision AREDS and AREDS 2 Formula eye vitamins. The patent is referred to as “the ‘297 patent.”

The infringement was alleged to have occurred through Vitamin Health’s manufacture and sale of certain Viteyes eye vitamins.

“We are pleased with the findings of the Court, which demonstrates the integrity of our PreserVision AREDS and AREDS 2 Formula eye vitamins to meet the needs of eye care professionals and their patients,” said Joseph Gordon, senior vice president and general manager, Bausch + Lomb Consumer Healthcare. “As the leader in ocular nutrition, Bausch + Lomb is committed to providing the most current, science-based eye vitamin formulations. Therefore, when these or any of our products are infringed, we will vigorously defend our intellectual property and innovations to ensure our customers can continue to rely on products that are based on a robust body of scientific and clinical research.”

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

As part of the settlement, the court issued a consent decree on Dec. 20 reflecting that Vitamin Health has admitted that the ‘297 patent is valid and enforceable and that certain other of Vitamin Health’s AREDS and AREDS 2 Formula eye vitamins infringe the patent, the release stated.

Bausch + Lomb is a Valeant Pharmaceuticals International Inc. company.

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