$ 213.9 million awarded against Alcon.............

[Chris Ryser]

AGIPNEWS2483


21/12/2005 08:15 GMT
ag-IP-news
Advanced Medical Optics Awarded $213.9 Million in Infringement Case Against AlconSANTA ANA, CA - Advanced Medical Optics (AMO) Inc. announced on Tuesday that a judge has upheld a May 2005 jury decision and awarded AMO $213.9 million in damages resulting from willful infringement by Alcon Manufacturing Ltd. and Alcon Laboratories Inc. of two AMO patents for phacoemulsification equipment used in cataract surgery.

According to a press release by AMO, the judge for the United States District Court for the District of Delaware concluded that "the jury was presented with clear and convincing evidence that Alcon intentionally copied" the occlusion mode and the fluidics system from AMO's Sovereign Machine. The judge further added, "I agree that this is an exceptional case, that the damages award should be trebled, and that reasonable attorneys fees should be awarded."

The judge granted AMO a permanent injunction, but that injunction has been stayed pending appeal. Once in effect, the injunction will prohibit Alcon from selling equipment with the features that infringed AMO's patents. The judge also required Alcon to post a $1.8 million bond on the injunction pending appeal.

"The judge's decision validates the importance of AMO's commitment to develop superior technology that offers unique benefits to surgeons and the patients they serve," said AMO President and CEO Jim Mazzo. "We will continue to take all necessary steps to protect and defend the investment we make in technology on behalf of our customers and stockholders."

In May 2005, a jury awarded AMO $94.8 million in damages, reflecting lost profits and reasonable royalty fees through February 2005. Subsequently, the judge ruled that AMO did not sufficiently mark its patents on the equipment and reduced the award to $71.3 million. This revised amount was trebled, resulting in total damages of $213.9 million for this period. The final judgment will include damages on infringing products sold by Alcon after March 2005, plus pre-judgment interest. Alcon has 30 days to file an appeal of the judgment and thereafter may seek a stay of payment of the judgment upon posting of a sufficient bond.

AMO originally filed a complaint in the US District Court for the District of Delaware against Alcon Manufacturing, Ltd. and Alcon Laboratories, Inc. on December 3, 2003 for infringement of US Patent No. 5,700,240 relating to occlusion mode technology and patent No. 6,059,765 relating to a fluidics management system.

AMO is a global medical device leader focused on the discovery and delivery of innovative vision technologies that optimize the quality of life for people of all ages. Products in the ophthalmic surgical line include intraocular lenses, laser vision correction systems, phacoemulsification systems, viscoelastics, microkeratomes and related products used in cataract and refractive surgery.

[Lewy]

That's a few bottles of Systane that will need selling then!


Lewy