| Brent Hanson - LASIKFRAUD.COM 2004-12-16, 9:25 am |
| Business Wire
Patent Infringement On Microkeratomes: MORIA Wins the Case Against Bausch &
Lomb, Ruiz and Lenchig in the Paris Court.
MORIA announced today that the Paris court of first instance has ruled in
favor of MORIA in a patent infringement action filed by Bausch & Lomb Inc.
and others.
The court found that Bausch & Lomb's lawsuit was improperly initiated
against MORIA. The court rejected all claims made by Bausch & Lomb, RUIZ
Luis Antonio, and LENCHIG Sergio against MORIA and ordered the plaintiffs to
pay MORIA's legal expenses of an undisclosed amount.
On September 21 of 1998, Bausch & Lomb filed a lawsuit against MORIA
claiming infringement of a technology patented by Ruiz and Lenchig and
licensed to Bausch & Lomb.
The suit contends that MORIA's design of the Carriazo Barraquer (CB)
microkeratome infringes the patent issued to Ruiz and Lenchig. A
microkeratome is an instrument that cuts a flap on the cornea as part of
LASIK, a form of refractive laser eye surgery.
On November 4, 1998, Bausch & Lomb sought a cease and desist order against
MORIA, the US equivalent of a preliminary injunction, pending a final
determination in the French court. The court denied Bausch & Lomb's motion
for summary judgment on December 18 of 1998.
Although subject to any appeal by Bausch & Lomb, this new ruling of the
French court is a significant victory for MORIA and is a major step towards
alleviating any concerns or uncertainties that may have arisen in the
worldwide markets regarding MORIA and its products.
MORIA has achieved rapid increases in market share in recent years. MORIA
currently holds number two position in the worldwide microkeratome business
with a growing 30% market share.
In a related case filed against MORIA by Bausch & Lomb in the US, a federal
district court issued a "Markman" ruling on April 15, 2002. This suit
alleges that MORIA has infringed Hellenkamp's patents number 5,624,456,
6,007,553, 6,051,009 and 6,296,649. In this Markman ruling, the court
determined the scope of patent claims asserted by Bausch & Lomb.
As a result, we believe that the US court's ruling has substantially
strengthened MORIA's overall legal position and is a solid indication that
our company will also ultimately prevail in the US lawsuit. Accordingly,
MORIA is confident that its microkeratomes will be found not infringing the
Hellenkamp patents and looks forward to an early resolution of the lawsuit.
With these legal victories, MORIA will continue its efforts to provide the
ophthalmic market with leading technology.
Alain DUPRAT Chairman and C.E.O MORIA
CONTACT: MORIA
Alain Duprat, 33 (0) 1 46 74 46 02
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