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McAndrews, Held & Malloy Secures Victory For Bausch & Lomb

Date: August 18, 2009 || Client Successes

McAndrews, Held & Malloy announced today that it has secured a significant victory for its client Bausch & Lomb Incorporated, in a case involving multifocal contact lenses.  The U.S. District Court for the Northern District of Illinois, Eastern Division, entered an order dismissing with prejudice the patent infringement lawsuit brought by Aspheric Lens Company.

Aspheric had alleged that Bausch & Lomb’s SofLens® Multi-Focal and PureVision® Multi-Focal contact lenses infringe Aspheric’s U.S. Patent No. 4,909,621.  The patent pertains to contact lenses with aspheric-shaped front surfaces which allow for correction of the wearer’s vision at both near and far distances.

The parties filed a stipulated notice of dismissal in July.  The dismissal follows a January 2009 claim construction ruling that was favorable to Bausch & Lomb.  After the January ruling, Aspheric moved for reconsideration, but its motion was denied.  

“We are extremely pleased with this victory for our client, Bausch & Lomb, especially considering its formidable leadership and growth in this contact lens sector,” said Edward W. Remus, a shareholder at McAndrews and lead counsel on the case.  

McAndrews attorneys Edward W. Remus, Jonathan R. Sick and Paul W. McAndrews represented Bausch & Lomb.