AMO Wins Patent Infringement Suit Against Alcon
Advanced Medical Optics (AMO), a developer, manufacturer and marketer of ophthalmic surgical and eye care products, has won its case against Alcon Manufacturing and Alcon Laboratories for infringement on two AMO patents for phacoemulsification equipment used during cataract surgery, the company said.

AMO was awarded $94.8 million in damages and will seek a permanent injunction, prohibiting Alcon from selling equipment with the features that infringed AMO's patents. The jury also found that the infringement by Alcon on these patents was willful. Alcon said it believes the jury verdict of infringement is not supported by the evidence and is incorrect as a matter of law. Alcon added that it will ask the court to set aside the verdict, and will appeal if necessary.

On Dec. 3, 2003, AMO filed a complaint in the U.S. District Court for the District of Delaware against Alcon for infringement of U.S. Patent Nos. 5,700,240 ('240 patent) relating to Occlusion Mode and 6,059,765 ('765 patent) relating to a fluidics management system. AMO alleged that Alcon's Infiniti infringed the '765 patent and the Infinity and the Series 20000 AdvanTec and Everest Legacy phacoemulsification machines infringe the '240 patent. Although it expects the verdict to be set aside, Alcon said it had already decided to make the software changes necessary to remove the Occlusion Power Management feature at issue from these products because few, if any, of its customers actually used it.