PhysIOL has claimed that the Dusseldorf District Court in Germany has confirmed that VSY Biotechnology infringes the European Patent EP 2 503 962 of PhysIOL S.A. In its judgment on June 29, 2017, the court upheld its previous default judgment, prohibiting VSY from offering or selling IOLs in Germany, in particular VSY's trifocal lens Acriva reviol Tri-ED. The court further confirmed VSY's obligation to recall infringing lenses from retailers in Germany as well as VSY's liability for damages. The judgment covers all commercial activities into or out of Germany, but the patent is also valid in many other countries, including Turkey, Spain and France, according to PhysIOL.
PhysIOL has developed an IOL using two at least partly overlapping diffractive profiles that can also be combined with a refractive system. The lens' design allows to reduce the loss of light energy resulting from any diffractive system. This energy gain results in an improved performance for intermediate vision while maintaining the performance for far and near vision. This invention is embedded in PhysIOL's trifocal lens "FINEVISION" and protected by the abovementioned patent.
"We are an innovative company. We are proud to have improved the eyesight of patients after cataract surgery and work hard every day to achieve further improvements. PhysIOL's contributions in this area are the results of our determination, countless hours of work and significant investments in research and development. In my view, it should thus be beyond question that our innovations and the patents protecting them are respected and not used by a third party without our consent," Marc Nolet, CEO of PhysIOL, said in the news release. "These decisions help us to defend our intellectual property rights. They encourage us to no longer tolerate patent infringing actions also in other jurisdictions."