Bausch & Lomb Withdraws Eye Supplement Lawsuit

ROCHESTER, N.Y.--Bausch & Lomb (B&L) withdrew the lawsuit it filed in U.S. District Court on May 8, which originally alleged Waltham, Mass.-based Inverness Medical Innovations and its subsidiary, Freehold, N.J.-based IVC Industries, manufacture and distribute vitamin supplements that infringe upon patent rights tied to the formula behind B&Ls Ocuvite® PreserVision eye supplements. According to B&L, it received notification from Inverness declaring neither it nor IVC distribute or manufacture certain eye private label eye supplements that infringe upon the patent rights. B&L noted the dispute was quickly clarified due to a thorough internal review and prompt, direct communication by Inverness.

B&L developed the formula in conjunction with the National Eye Institute (NEI) and holds worldwide patent rights under a license agreement with the National Institutes of Health (NIH). The landmark NEI Age-Related Eye Disease Study (AREDS) showed supplementation with antioxidant vitamins (C, E and beta-carotene) plus zinc (as supplied by B&L) lowered risk of age-related macular degeneration (AMD) and its associated vision loss, but had no effect on development or progression of cataract (Arch Ophthamol. 119:1417-36, 2001).

Inverness (www.invernessmedical.com) and IVC offer OptiZinc and Eye Vitamin plus Lutein in their private label manufacturing line.