WASHINGTON, D.C. - McDermott Will & Emery is pleased to announce that the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld a lower court ruling in favor of Firm client CIBA Vision's wholly owned subsidiary Wesley Jessen Corp. in its patent litigation with Bausch & Lomb over that company's PureVision lenses.
The CAFC agreed with the U.S. District Court for the District of Delaware's ruling in favor of Wesley Jessen Corp., which claimed that Bausch & Lomb's PureVision product infringed Wesley Jessen's patent, which covers various silicone hydrogel materials for contact lenses. The court affirmed the lower court's decision that Wesley Jessen's patent was valid and infringed, which decision ordered Bausch & Lomb to immediately discontinue the manufacturing and sale of its PureVision lenses in the United States. The CAFC affirmed the district court's decision in less than three days after the oral argument.
McDermott Will & Emery's IP litigation team for Wesley Jessen's victory included Chuck Work, Tom Steindler, Ray Lupo, Ken Cage and Dan Bucca, all from the Firm's Washington, D.C. office. Karen Pascale of Bouchard Margules & Friedlander served as local counsel.
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.