Bausch & Lomb is Not Deterred by Recent Patent Office Finding Regarding Ciba Patents for Extended Wear Contact Lenses.

ROCHESTER, N.Y.--(BUSINESS WIRE)--May 19, 1999--

Patent Office ruling will have no impact on pending litigation 

Marketing of Bausch & Lomb's PureVision(TM) 7-day

extended wear contact lenses is unaffected

Bausch & Lomb (NYSE:BOL) says the marketing of its new PureVision(TM) 7-day extended wear contact lens will not be impacted by a recent government decision declining to reexamine the validity of related patents held by its rival Ciba Vision, the eye-care unit of Novartis AG. Company officials say the decision by the Patent and Trademark Office of the U.S. Department of Commerce will have absolutely no affect on pending patent-infringement litigation or on Bausch & Lomb's ability to successfully sell its new breakthrough product.

"The Patent Office decision is a hollow victory for Ciba," says Bausch & Lomb President and Chief Operating Officer Carl Sassano, in response to today's news release by its rival. "Bausch & Lomb requested reexamination of Ciba's patents as part of a secondary strategy to further combat Ciba's efforts to hamper the sale of PureVision. While the Patent Office was only able to consider one issue, the court has the ability to take into account the comprehensive body of data we will offer in support of our position. Thus, our primary defenses against Ciba are still powerful and convincing, and completely unaffected by the Patent Office outcome."

Sassano continued, "We will prove that Bausch & Lomb, NOT Ciba, is the inventor of breakthrough extended wear contact lens technology. We will prevail in court and, more importantly, we are prevailing in the marketplace. "

Bausch & Lomb patented its PureVision material well before Ciba filed its patents and five years before the patents were finally issued to Ciba.

"It is clear that Ciba is still grasping at straws in an effort to hinder the sale of PureVision contact lenses," said Sassano. "The fact remains that we are leading in the marketplace and they are two years behind us."

The Patent Office decision does not reaffirm the validity of Ciba's patents. The Patent Office ruling actually states that "No final patentability determination has been made". Hence, the issue remains unresolved.

Bausch & Lomb and Ciba have been involved in settlement negotiations pertaining to Ciba's patent infringement lawsuit against Bausch & Lomb, in U.S. District Court in Georgia. Ciba requested settlement talks in March after withdrawing a request for a temporary restraining order against the launch of PureVision.

PureVision contact lenses are approved by the FDA for 7-day extended wear. They are made of balafilcon A, with revolutionary AerGel(TM) technology for excellent oxygen transmissibility, and the Performa(TM) surfacing technology that creates a consistent wettable surface for optimal visual acuity and comfort.

PureVision lenses were launched in Europe earlier this month and nationwide in the U.S. in March 1999.

Bausch & Lomb Incorporated is the 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 annual revenues of more than $2 billion and employs approximately 15,000 people in 35 countries. Bausch & Lomb products are available in more than 100 countries around the world.