Bausch & Lomb, Ciba settle patent dispute over extended-wear lenses

<p>Bausch & Lomb Inc. has settled a five-year-old dispute with Ciba Vision Corp. over patent rights to silicone hydrogel technology used in extended-wear contact lenses.</p><p>Bausch & Lomb said it does not expect the settlement, announced Friday, to affect its projected profits of $2.70-to-$2.75 a share in 2004.</p><p>Atlanta-based Ciba Vision, the eye-care unit of Swiss drug giant Novartis AG, argued in a series of lawsuits dating back to 1999 that Bausch & Lomb's PureVision lenses infringed on patents used in its Focus Night & Day lenses.</p><p>Both types of lenses can be worn continuously for up to 30 days.</p><p>One of Ciba Vision's patents was upheld by a federal judge in Delaware in June 2002, halting sales of PureVision lenses in the United States.</p><p>The companies have now agreed to cross-license their rights to the disputed high-oxygen lens material. Bausch & Lomb will pay a royalty to Ciba Vision on U.S. sales of PureVision lenses until 2014 and on sales outside the United States until 2016.</p><p>Specific terms of the agreement, which takes effect immediately, were not disclosed.</p><p>While the dispute "was a long one, both CIBA Vision and Bausch & Lomb believe the settlement is in the best interests of eye-care professionals and consumers around the world," said Andrea Saia, president of Ciba Vision's global lens business.</p><p>The agreement resolves patent lawsuits in Georgia, Delaware and New York, in addition to proceedings in Germany, Ireland, Australia and at the European Patent Office.</p><p>Bausch & Lomb will be able to resume making and selling PureVision lenses in the United States in April 2005 upon expiration of the Harvey patent _ the subject of the 2002 ruling in Delaware.</p><p>PureVision lenses will continue to be sold outside the United States, while Ciba Vision's Focus Night & Day contact lenses are available worldwide.</p><p>In October 2001, the U.S. Food and Drug Administration approved Focus Night & Day lenses for up to 30 days of continuous wear. A month later, PureVision lenses, which first showed up on the U.S. market in March 1999 to be worn for up to seven days at a time, were approved as 30-day lenses.</p><p>Bausch & Lomb, which has 11,500 employees, sold its sunglasses, animal research and hearing-aid businesses in 1999 to refocus on eye care _ contact lenses, ophthalmic drugs and eye surgery instruments. Novartis employs 78,500 people worldwide.</p><p>Bausch & Lomb shares rose 77 cents to close at $65.05 on the New York Stock Exchange, while U.S. shares of Novartis rose 53 cents to close at $44.85.</p><p>___</p><p>On the Net:</p><p>HASH(0x28656b4)</p>

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