Bausch & Lomb Wins at European Patent Office Hearing.Business Editors ROCHESTER, N.Y.--(BUSINESS WIRE)--Sept. 17, 2003 Bausch & Lomb (NYSE NYSE See: New York Stock Exchange :BOL BOL Bolivia (ISO Country code) BOL Books Online BOL Bole (SIL code, Nigeria) BOL Bill Of Lading BOL Beginning Of Line BOL Best Of Luck BOL Buzz Out Loud BOL Bruin Online BOL Beginning Of Life ) -- EPO EPO see erythropoietin. EPO Erythropoietin, see there Revokes Novartis Patent for Extended Wear Lenses -- Bausch & Lomb Will Immediately Seek Reintroduction of Its PureVision(TM) Lens in Germany Bausch & Lomb (NYSE:BOL) announced that today the European Patent Office in Munich fully revoked a patent held by Novartis AG Novartis AG Swiss pharmaceutical company. It was formed through the 1996 merger of two Swiss firms: Ciba (see Ciba-Geigy) and Sandoz, a chemical company with interests in pharmaceuticals, nutrition, and agriculture. , the parent of CIBA Vision, 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 is a clear and decisive victory both for Bausch & Lomb and for the eyecare practitioners and their patients who enjoy the benefits of our unique PureVision lens technology," said Angela J. Panzarella, Bausch & Lomb vice president - Global Vision Care. "The EPO decision confirms Bausch & Lomb's longstanding position that our PureVision technology, the result of more than 10 years of original research and an investment of tens of millions of dollars, pre-empted the Novartis effort to monopolize mo·nop·o·lize tr.v. mo·nop·o·lized, mo·nop·o·liz·ing, mo·nop·o·liz·es 1. To acquire or maintain a monopoly of. 2. To dominate by excluding others: monopolized the conversation. the silicone hydrogel hy·dro·gel n. A colloidal gel in which the particles are dispersed in water. hydrogel a gel that contains water. hydrogel Wound care A polymer absorptive wound dressing. See Dressing. continuous-wear market through its now-revoked patent." In lawsuits filed in Germany and Ireland, Novartis had claimed that Bausch & Lomb's PureVision contact lens contact lens, thin plastic lens worn between the eye and eyelid that may be used instead of eyeglasses. Actors, models, and others wear them for appearance, and athletes use them for safety and convenience. technology infringed this patent. As a result of today's EPO ruling, Bausch & Lomb will immediately seek to once again sell its PureVision contact lenses in Germany. Sales in Germany of the PureVision lens, introduced in 1999, were halted in April 2003, after the Dusseldorf Lower Court ruled in favor of Novartis in an infringement hearing on the patent. The German court does not rule on patent validity. Bausch & Lomb now will seek a stay of the German injunction and will ask the Irish court to stay Novartis' patent proceeding against Bausch & Lomb in Ireland. Bausch & Lomb anticipates that these requests will be granted in view of the EPO's decision to revoke the patent. Novartis has the right to appeal this EPO decision. Bausch & Lomb originally filed an opposition with the EPO to the Novartis patent entitled "Extended Wear Ophthalmic Lens," after it was issued in September 2001. 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, changes in laws and regulations relating to the import and export of products, product development and rationalization, enrollment and completion of clinical trials, regulatory approvals, the outcome of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called 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 Form 8-K The form required by the SEC when a publicly held company incurs any event that might affect its financial situation or the share value of its stock. Form 8-K See 8-K. , dated June 14, 2002 and the Form 10-Q Form 10-Q See 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 This article is about the city of Rochester in Monroe County. For the town in Ulster County, see Rochester, Ulster County, New York. Rochester, once known as The Flour City, and more recently as The Flower City or . 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. |
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