It looks like the Kodak Unique lens has seen its last day.
http://theopticalvisionsite.com/lens...-legal-ruling/
Any other info on this ruling?
Bravo to Zeiss!
It looks like the Kodak Unique lens has seen its last day.
http://theopticalvisionsite.com/lens...-legal-ruling/
Any other info on this ruling?
Bravo to Zeiss!
What happens to the big E??
I came, I saw, I left
Too bad Zeiss has never been friendly at licensing their technology, but it means it more competition. Which we all need.
Originally Posted by Fezz
I'm having trouble following the logic here... how does the grant of a monopoly (that's what a patent is - a time-limited monopoly) enhance competition?
That document doesn't tell you anything about the principal rulings in the case. There is an "Amended Judgement" and a "Order Granting Zeiss' Motion for a Permanent Injunction." Those were just filed yesterday and don't appear to be freely available on the net yet. They are on PACER but there is a charge for accessing them there. Long and short of it is, Zeiss was awarded damages, attorney's fees, and an injunction barring Signet from making the Unique (or any "no more than colorably different" lens).
Thank you for the insight Shanbaum.
Kodak Unique SD will be on the market on Friday. No idea what that means, but that's the response from my rep.
Zeiss Prevails in Patent Infringement Suit Against Signet, as Court Orders Signet to Pay Triple Damages and Pull its Kodak Unique Lens From Market
SAN DIEGO—The five-year old patent infringement lawsuit between spectacle lens makers Carl Zeiss Vision International GmbH and Signet Armorlite finally concluded Monday in Zeiss’ favor when a federal court judge tripled the amount of damages a jury had awarded Zeiss and ordered Signet to pull its Kodak Unique progressive lens from distribution.
The case has drawn widespread attention throughout the optical industry because it concerns the licensing of patents for backside progressive lenses, a fast growing product category.
According to documents filed in the U.S. District Court’s Southern District of California on Aug. 6, the Court granted Zeiss’ motion that it be awarded “enhanced damages” of $2,054,892 in addition to the compensatory damages of $684,964 awarded to Zeiss by the jury in April. The jury had ruled that Signet’s Kodak Unique lens had infringed on Zeiss’ U.S. Patent No. 6,089,713, which covers a “spectacle lens with spherical lens with spherical front side and multifocal back side and process for its production.” Signet was producing Kodak Unique under a licensing agreement with Seiko Epson.
In awarding the enhanced damages to Zeiss, the Court supported Zeiss’ claim that “Signet never investigated the scope of the patent and never formed a good faith belief that the patent was invalid or not infringed,” and did not obtain a “competent” legal opinion on the whether it would infringe on Zeiss’ patent, relying instead on the opinions of Signet’s optical engineering manager and vice president for research and development.
The Court also issued a permanent injunction against Signet which required the company to “remove and recall all Kodak Unique lenses from the marketplace” within 14 days and turn them over to Zeiss, as well as “any other lens product that is no more than colorably different.”
Judge Dana M. Sabraw, who presided over the case, rejected Signet’s motions for a new trial or a retrial, effectively concluding the lawsuit, which Zeiss filed against Signet in May, 2007. Signet Armorlite was acquired by Essilor International in 2010.
VMail will continue to report on developments related to the case and its potential impact on lens manufacturers.
This was in today's Vision Council e-News Bulletin.
So they're going after the same patent design that Shamir touts as their baby as well - but they weren't named in this suit? My Shamir rep cold called today actually and I asked him if he'd heard. He had - and sounded a bit unsettled by it. They hadn't heard about any legal ramifications "so far" at least. Curious...
Because Essilor has so much of the market. Anything out of Essilors hands will hurt them, and help everyone else.
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