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Bausch & Lomb Surgical Sues Moria SA for Patent Infringement.


ROCHESTER, N.Y.--(BUSINESS WIRE)--August 24, 1999--

-- Suit contends Moria and distributor Microtech infringed

Bausch & Lomb's Hansatome(TM) microkeratome microkeratome /mi·cro·ker·a·tome/ (-ker´ah-tom) an instrument for removing a thin slice, or creating a thin hinged flap, on the surface of the cornea. patent

-- Company seeks damages and injunction against sale of

infringing products

Bausch & Lomb Surgical, a subsidiary of Bausch & Lomb (NYSE-BOL) has filed a federal lawsuit charging that French surgical manufacturer, Moria, and its American distributor, Microtech, are violating one of the company's patents covering its Hansatome Microkeratome. The suit was filed August 23 in U.S. District Court for Eastern Pennsylvania in Philadelphia.

The lawsuit alleges that Moria and Microtech are infringing on the Hansatome patent by marketing and selling a product called the Carriazo-Barraquer microkeratome in the United States. Bausch & Lomb has already filed a similar lawsuit in France against Moria on another patent. Bausch & Lomb won the first round of this lawsuit in January. At the time, the French Court ordered Moria to post a bond of 3.5 million French francs if the company planned to continue to manufacture the microkeratome. The trial on this matter is expected to extend into 2000.

The U.S. patent in question, Patent No. 5,624,456, was issued in April 1997. Bausch & Lomb Surgical holds exclusive rights to the patent.

In its complaint, Bausch & Lomb requests that Moria and Microtech be found to have willfully infringed on the Hansatome patent. The lawsuit seeks unspecified damages, as well as a permanent injunction against the companies barring any further sale of their infringing products within the United States.

"As we've stated previously with the French action, Bausch & Lomb will aggressively defend its extensive portfolio of intellectual property," said Hakan Edstrom, senior vice president and president-Surgical/Pharmaceuticals. "We have invested considerable resources to bring the latest technology to ophthalmic surgeons. As the innovator in this field, we have both the right and the responsibility to protect our interests."

This press 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 a risks and uncertainties including those concerning economic conditions, currency exchange rates, product development and introduction, the financial well-being of key customers, the successful execution of marketing strategies, the continued successful implementation of the restructuring effort in reducing costs and expenses of manufacturing processes and administrative functions, as well as the risk factors listed from time to time in the company's SEC filings, including but not limited to the Report on Form 10-Q for the quarter ended June 26, 1999.

Bausch & Lomb Incorporated is the preeminent global technology-based healthcare company for the eye, dedicated to helping consumers see, look and feel better through innovative technology and design. Its core businesses include soft and rigid gas permeable contact lenses, lens-care products, ophthalmic surgical and pharmaceutical products. The company is advantaged with some of the most respected brands in the world starting with its name, Bausch & Lomb(R), and including SofLens66(TM), PureVision(TM) Boston(R), ReNu(R), and Storz(R). Founded in 1853 in Rochester, N.Y., where it continues to have its headquarters, the company has pro-forma annual revenues of approximately $1.8 billion and employs approximately 13,000 people in 35 countries. Bausch & Lomb products are available in more than 100 countries around the world.
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Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Aug 24, 1999
Words:541
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