Bausch & Lomb files new Ocuvite lawsuit
Inverness Medical Innovations for alleged infringement of its
patent rights to the antioxidant and mineral formula contained in
its Ocuvite PreserVision supplements.
The Rochester, NY-based company co-developed the product's formula with the National Eye Institute for use in its 10-year clinical Age-Related Eye Disease Study (AREDS).
The results of the study, which were released in October 2001, indicated that the formula of vitamins A, C and E, and minerals zinc and copper can slow the progression of age-related macular degeneration (ARMG).
Launched soon afterwards, Ocuvite PreserVision had been on the market for almost two years before Bausch and Lomb was granted the US patent (666029)to its formula, prompting patent infringement lawsuits to be filed against against four of its competitors: Alcon Laboratories, General Nutrition Companies, Leiner Health Products and Rexall Sundown.
The company now claims that Inverness Medical Innovations has infringed the patent with its Walgreen's Ocutabs Vision Formula, and says it has filed the lawsuit "to protect its significant investment in ocular nutritional research and its patent rights".
In October 2004, Bausch & Lomb introduced two new products to the Ocuvite line: PreserVision Soft Gels AREDS Formula, which is said to deliver the same vitamins, minerals and health benefits as the original formula in two tablets a day rather than four; and PreserVision Soft Gels Lutein Formula.
ARMD is a progressive eye disease which affects the central macula of the eye, leaving sufferers with only peripheral vision. It is the leading cause of blindness in people over age 55, affecting more than 10 million adults in the US.
Bausch and Lomb's 2004 revenues were $2.2 billion. Its core businesses include soft and rigid gas permeable contact lenses and lens care products.
