Carl Zeiss Meditec has won a patent infringement action before the District Court of Düsseldorf/Germany against VSY Biotechnology BV and its exclusive supplier Fritz Ruck Ophthalmologische Systeme GmbH, according to a company news release.
The District Court recently ruled that the trifocal intraocular lens offered by these companies infringes the European patent EP 2377493 B1 of Carl Zeiss Meditec AG. The patent protects a special aphakic IOL with which light can be focused on three focal points (near, intermediate, and distance vision). The patented trifocal lens reduces the impact of pupil shrinkage and lens eccentricity.
VSY Biotechnology BV and its exclusive supplier Fritz Ruck Ophthalmologische Systeme were convicted by the court to recall all their trifocal lenses on the market and destroy all such lenses in their possession, according to Zeiss.
Zeiss' trifocal IOLs include the ZEISS AT LISA tri and the AT LISA tri toric.
VSY to Appeal Decision
In its own press release, VSY Biotechnology stated that it will appeal the judgement with the Higher District Court and if necessary, with the Federal Supreme Court in Germany. It is expected that a final ruling on the infringement "may take several years and German Court’s ruling is only effective in Germany but not in all over the world," according to VSY.
"VSY Biotechnology B.V. reserves its right to seek material and moral indemnity for all direct and indirect damages of VSY Biotechnology on basis of unfair competition and defamation due to incomplete press release of Carl Zeiss dated March 27, 2017. Further VSY Biotechnology will ask for all damages they may suffer from the decision of the First German Court in case of District Court or Federal Court rule in favor of VSY Biotechnology," according to the press release.
“Additionally, VSY Biotechnology applied for invalidation of Zeiss Patent EP 2 377 493 B1 before EPO with the claim of Zeiss Patent has lack of novelty, lack of inventive step, therefore unpatentable," Amsterdam-based VSY stated.