Bausch & Lomb Files Third Lawsuit Against CIBA Vision For Patent Infringement.

Business Editors

ROCHESTER, N.Y.--(BUSINESS WIRE)--Nov. 6, 2003

Bausch & Lomb (NYSE:BOL) today filed a lawsuit against CIBA Vision, the eyecare unit of Novartis AG, for infringement of a Bausch & Lomb patent -- U.S. Patent No. 5,681,510 -- that relates to a method of making contact lenses.

The lawsuit filed today in U.S. District Court in Rochester, New York, alleges that CIBA Vision infringes Bausch & Lomb's patented method of cast molding contact lenses in which oxygen is removed from the plastic mold pieces prior to casting the lenses. Based on documents and statements CIBA Vision recently made public in the course of other legal proceedings, Bausch & Lomb believes that CIBA Vision infringes the '510 patent in the making of its Focus Night & Day contact lenses.

Bausch & Lomb asked the court for injunctive relief, which would require CIBA Vision to discontinue manufacturing the infringing Night & Day product, in addition to asking for monetary damages for infringing its patented technology. Bausch & Lomb seeks a jury trial in this matter.

This is the third patent infringement lawsuit that Bausch & Lomb has brought against CIBA concerning its Focus Night & Day contact lenses. The Company also is suing CIBA Vision for infringing two Bausch & Lomb patents relating to the chemical composition of materials used in making extended wear soft contact lenses. Those lawsuits, filed in U.S. District Court in Rochester in November 2001 and in July 2003, are pending.

The '510 patent was granted to Bausch & Lomb in October 1997.

"Bausch & Lomb invests millions each year in research to develop proprietary products and manufacturing technology, and we consider our patent rights to be important and valuable assets of the company. As we have demonstrated in the past, we will vigorously protect and enforce our intellectual property rights against all infringers," said Angela J. Panzarella, Bausch & Lomb vice president - Global Vision Care.

In September, Bausch & Lomb won a victory against Novartis AG, the parent of CIBA Vision, after the European Patent Office in Munich fully revoked a Novartis patent that purported to cover extended wear contact lenses. The EPO agreed with Bausch & Lomb's challenge that the Novartis patent lacked novelty and, in fact, was anticipated by an earlier patent held by Bausch & Lomb.

This news release contains, among other things, certain statements of a forward-looking nature relating to future events or the future business performance of Bausch & Lomb. Such statements involve a number of risks and uncertainties including those concerning global and local economic, political and sociological conditions, currency exchange rates, government pricing changes and initiatives with respect to healthcare products, product development and rationalization, enrollment and completion of clinical trials, regulatory approvals, the outcome of litigation, product introductions, the financial well-being of key customers, development partners and suppliers, the successful execution of marketing strategies, the continued successful implementation of its efforts in managing and reducing costs and expenses, continued positive relations with third party financing sources, as well as the risk factors listed from time to time in the Company's SEC filings, including but not limited to the current report on Form 8-K, dated June 14, 2002, and the Form 10-Q for the quarter ended June 28, 2003.

Bausch & Lomb is the eye health company, dedicated to perfecting vision and enhancing life for consumers around the world. Its core businesses include soft and rigid gas permeable contact lenses and lens care products, and ophthalmic surgical and pharmaceutical products. The Bausch & Lomb name is one of the best known and most respected healthcare brands in the world. Celebrating its 150th anniversary in 2003, the Company is headquartered in Rochester, New York. Bausch & Lomb's 2002 revenues were $1.8 billion; it employs approximately 11,500 people worldwide and its products are available in more than 100 countries. More information about the Company can be found on the Bausch & Lomb Web site at www.bausch.com. Copyright Bausch & Lomb.