Bausch + Lomb announced it has resolved its patent infringement lawsuit vs. Vitamin Health, filed in September 2013 in the U.S. District Court for the Western District of New York. Among other claims, the lawsuit accused Vitamin Health of infringing Bausch + Lomb’s U.S. patent 6,660,297 (the ‘297 patent) covering PreserVision AREDS and AREDS 2 Formula eye vitamins through Vitamin Health’s manufacture and sale of certain of its 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 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.
As part of the settlement, the court issued a consent decree on December 20, 2016, reflecting that Vitamin Health has admitted the ‘297 patent is valid and enforceable and that certain other of Vitamin Health’s AREDS and AREDS 2 Formula eye vitamins infringe the ‘297 patent. Per the terms of the settlement, Vitamin Health has agreed to pay an undisclosed sum to Bausch + Lomb.
“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,” Joseph Gordon, senior vice president and general manager, Bausch + Lomb Consumer Healthcare, said in the news release. “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.”